Terms & Conditions

TERMS AND CONDITIONS OF USE OF THIS WEBSITE


Updated December 20, 2019


These Terms and Conditions, as may be amended from time to time (hereafter, “Terms”), govern your use of this website and the materials accessible on or from this website (collectively, the “Website”). All users (“Users”) of this Website agree that access to and use of this Website is subject to the Terms. K. Hovnanian Companies, LLC or its affiliates (“Hovnanian“, “us” or “we“) provides this Website to you (“You” or “Your”) and each user (“User”) subject to these Terms, other applicable laws, and Hovnanian’s other policies, including our Privacy Policy.

You accept these Terms by accessing or using this Website in any manner, even if You do not create an Account at this Website. To respect the privacy of children and to comply with the Children’s Online Privacy Protection Act (15 U.S.C. §§ 6501-6506), we do not knowingly provide products or services to children under the age of 18. This Website is a general audience site that is not designed nor intended to collect personal information from children. You represent and warrant that You are at least 18 years of age and of legal competence to enter into this agreement. If You are using this Website on behalf of Your employer, You represent and warrant that You are authorized to accept these Terms on behalf of Your employer.

SECTION 18 OF THIS TERMS AND CONDITIONS OF USE AGREEMENT CONTAINS A BINDING CLASS ACTION WAIVER. THIS SECTION AFFECTS YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES THAT YOU MAY HAVE WITH US. READ IT CAREFULLY.

Hovnanian may change these Terms at any time. This is the most current version of these Terms. By continuing to access or use this Website, You accept any changes or revisions to the Terms.

IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THIS WEBSITE.

  1. 1. General Terms and Conditions

    The Terms apply to use of this Website by You and all Users. By accessing or using the Website, You and all Users agree to be bound by the Terms. Hovnanian provides the information, services, text, graphic, links or other material on this Website to You and all Users conditioned on Your acceptance without modification of the Terms. The information offered on this Website is provided with the understanding that neither Hovnanian nor any of its affiliated entities is engaged in rendering legal or other professional services or advice. The use of the Website is subject to the additional disclaimers, caveats and notices that may appear throughout the Website.

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  1. 2. License to Use this Website

    Hovnanian grants You a personal, non-exclusive, non-transferable, limited and revocable license to use this Website subject to the Terms. You may use this Website and information acquired from this Website for Your own personal, non-commercial, lawful purposes. You may not use this Website in a manner that exceeds the rights granted for Your use.

    Other than connecting to this Website by http or https request using a web browser, You may not attempt to access Hovnanian’s servers or this Website by any means. In particular, You are prohibited from scraping, crawling, data-mining, or using any robot, spider, or other automatic device to send queries to Hovnanian’s servers or this Website. You may not use this Website to compile data for use by any commercial entity.

    You agree not to disrupt, modify or interfere with this Website, or its associated software, hardware, and servers in any way. You agree not to impede or interfere with others’ use of this Website. You further agree not to alter or tamper with any information or materials on or associated with this Website.

    The Website and all rights therein are and will remain with Hovnanian or one of our affiliates. You may view, copy or print a single copy of any page from the Website for personal, non-commercial purposes if you do not remove, modify or alter any copyright or proprietary rights notices that may be present. You may not otherwise use, modify, copy, print, display, distribute, publish, or sell any information, images or other content from the Website without our express, prior, written consent. YOU MAY NOT USE ANY PORTION OF THE WEBSITE FOR ANY COMMERCIAL PURPOSE. Any special rules for any software, audio files, video files, downloads and other items accessible through the Website may be included elsewhere in the Website and are incorporated into these Terms by reference.

    You may not: (i) remove or obscure any copyright, trademark, digital watermarks, proprietary legends or other proprietary notices from any portion of the Website; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Website, or any aspect of it, except as expressly permitted by us; (iii) decompile, reverse engineer, jeopardize the correct functioning of the Website, or disassemble the Website, or otherwise attempt to derive the source code of the software (including the tools, processes, methods and infrastructure) that enables or underlies the Website, except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Website; (v) cause or launch any programs, spiders, robots, or scripts or other automatic or manual devices or processes for the purpose of extracting, scraping, indexing, surveying or otherwise data mining any portion of the Website, or unduly burdening or hindering the operation and/or functionality of any aspect of the Website; (vi) attempt to gain unauthorized access to or impair any aspect of the Website, or the related systems, servers or networks; (vii) use the Website to stalk, harass or harm another individual, or in any way that is in violation of any law or regulation; (viii) impersonate any person or entity, or otherwise misrepresent your affiliation with any person or entity; or (ix) use any portion of the Website or any content in any manner that may give a false or misleading impression, attribution or statement as to us or any other person or entity.

  1. 3. Assignments

Hovnanian may assign this agreement at any time without notice to You and/or its Users. You may not assign this agreement to anyone else, and any attempt to assign shall be void.

  1. 4. Equal Housing Opportunity

All real estate information provided herein is subject to the Federal Fair Housing Act, which makes it illegal to advertise “any preference, limitation, or discrimination because of race, color, religion, sex, handicap, familial status, or national origin, or intention to make any such preference, limitation or discrimination.” Your state or local jurisdiction may impose additional requirements. Hovnanian is pledged to the letter and spirit of the United States policy for the achievement of equal housing opportunity. Hovnanian encourages and supports an affirmative advertising and marketing program in which there are no barriers to obtaining housing because of race, color, religion, gender, handicap, familial status, or national origin. All dwellings within the United States advertised by Hovnanian’s affiliated entities are available on an equal opportunity basis.

  1. 5. Informational Purposes Only

The content provided on this Site is intended for informational purposes only and is not intended to be a legally binding offer or solicitation. Hovnanian assumes no responsibility or liability for any actions taken as a result of using this Website, or for errors or omissions in content. Hovnanian has no duty to keep the Website updated.

  1. 6. Privacy Policy

Hovnanian maintains a Privacy Policy describing its collection, retention, and use of information about users of this Website which incorporated by reference as though fully set forth herein. This policy can be accessed here, and is incorporated herein by reference. The Privacy Policy contains policies and practices regarding Your information and how Hovnanian will treat it. If You do not agree with our policies and practices, Your choice is not to use our Website. By accessing or using this Website, You agree to this Privacy Policy. This policy may change from time to time, as set forth in the Privacy Policy. Your continued use of this Website after Hovnanian makes changes is deemed to be acceptance of those changes, so please check the Privacy Policy periodically for updates.

Hovnanian respects Your privacy and is committed to protecting it through compliance with the Hovnanian Privacy Policy. In addition, the Privacy Policy includes additional rights for California residents as it pertains to use of their personal information. The Privacy Policy is designed to comply with the California Consumer Privacy Act of 2018 (CCPA).

  1. 7. Links to Other Websites

You may find links to other Internet sites or resources on this Website that offer content, goods, or services. A link from this Website to a third party website does not imply endorsement of that website nor any ability to control that site’s contents, products or privacy practices. You acknowledge and agree that Hovnanian has no responsibility or liability (directly or indirectly) for: the availability of such external sites or resources; the availability or accuracy of any content, the appropriateness or inappropriateness of any content, advertising, products, or other materials on or available from such sites or resources; any damage, loss, claim, or complaint (actual or alleged) caused by, arising from, or in connection with Your use of or reliance on any such content, goods, or services available on or through any such site or resource.

  1. 8. Hovnanian’s Intellectual Property – Service and Trade Marks

The entire content of information on this Website, including without limitation all images, videos, design, text, images, screen displays, software, photographs, press releases and other information, are copyrighted as a collective work and protected under the United States and other copyright laws, and are owned by Hovnanian and/or used under license or permission from the copyright owner, and are protected under U.S. and international intellectual property laws.

Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise.

You agree not to reproduce, distribute, display or create derivative works of any part of this Website or any information presented to You through this Website, in whole or in part. This prohibition includes unauthorized copying or distribution of any of the content displayed or used on this Website, framing content from this Website, or creating any unauthorized derivative work. The information contained in this Website may not, except under written license, be copied, reproduced, transmitted, displayed, performed, distributed, rented, sublicensed, altered, stored for subsequent use or otherwise used in whole or in part in any manner without Hovnanian’s prior written consent, except to the extent that such use is authorized under U.S. or other intellectual property laws. Hovnanian’s logos, images, service marks and trademarks used on the Website are owned property of Hovnanian and may not be used without prior written consent of authorized Hovnanian officers.

Hovnanian uses third party trademarks on this Website to identify the owners of those marks. Use of any third party trademark is meant only to identify the trademark owner and its goods and services, and is not intended to imply any association or sponsorship between the trademark owner and this Website. All third party trademarks and logos are the property of their respective owners.

  1. 9. Submission of Confidential Information and Ideas

From time to time, Users submit ideas to Hovnanian, by email, social media, or in the course of a customer service interaction, for improving this Website or Hovnanian’s services. Hovnanian has no obligation to treat this material as confidential information as stated in the Privacy Policy. To the extent that You wish to have Your idea remain confidential, to retain rights in Your idea, or wish to be compensated for submission of Your idea, please do not submit it to Hovnanian.

  1. 10. Intellectual Property Claims

If You believe that Your copyright has been infringed in any way by this Website, promptly provide in writing the following information to our Digital Millennium Copyright Act (17 U.S.C. §512) Designated Agent:

i)     A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

ii)    Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single on-line site are covered by a single notification, a representative list of such works at that site;

iii)   Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Hovnanian to locate the material;

iv)    Information reasonably sufficient to permit Hovnanian to contact You, such as an address, telephone number and e-mail address;

v)     A statement that You have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law;

vi)    A statement that the information in the notice is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

The Designated Agent for this Website is:

K. Hovnanian Companies, LLC

Attention: Corporate Legal Department

90 Matawan Rd, 5th Floor

Matawan, NJ 07747

 

Or fax to: (732) 383-2941, Attn: Corporate Legal Department

If You believe that Your other intellectual property or publicity rights have been infringed in any way by this Website, please provide a detailed description of the alleged infringement for further investigation via e-mail to privacy@khov.com. Hovnanian’s actions in receiving, investigating, or responding to Your e-mail shall not constitute Hovnanian’s agreement or verification of Your claim(s) nor any admission of liability therefor. Hovnanian makes no commitment, covenant, promise, warranty, representation, or guarantee that it will receive, review, investigate, or respond to Your claim within any particular time.

  1. 11. Notification

Any notices to be given to Hovnanian under these Terms shall be made in writing to privacy@khov.com or to the following address:

K. Hovnanian Companies, LLC

Attention: Corporate Legal Department

90 Matawan Rd, 5th Floor

Matawan, NJ 07747

You agree that Hovnanian can send You electronic notices to the e-mail address that You provided to Hovnanian in creating Your Account or by displaying the notice on this Website. You agree that all notices, agreements, disclosures, and other communications that we provide to You electronically satisfy any legal requirement that such communications be in writing. You further agree that Hovnanian may deliver notice to you by written communication delivered by first class U.S. mail or courier service to your address on record in Your Account.

  1. 12. User Account, Password and Security

To the extent that a user account is created by you to access and use the Website (“User Account”), the following will apply:

To access certain features and/or content available through the Website, we may require that You sign up using your email address and a password to create a User Account. If You do not create a User Account, You may not have access to certain functionality of the Website. We use reasonable precautions to protect the privacy of Your username, password, and User Account information. You, however, are ultimately responsible for protecting Your username, password, and User Account information from disclosure to third parties, and You are not permitted to circumvent the use of required encryption technologies, if any. You agree to (i) immediately notify us of any unauthorized use of Your username, password, or User Account, or any other breach of security; (ii) ensure that You exit from Your User Account at the end of each session; and (iii) use a security passcode to secure Your device where Your User Account information is stored. While we may provide certain encryption technologies and use other reasonable precautions to protect Your confidential information and provide suitable security, we do not and cannot guarantee or warrant that information transmitted through the Internet is secure, or that such transmissions are free from delay, interruption, interception or error. Any transmission of personal information is at your own risk.

In creating and using Your User Account, You agree to: (i) provide true, accurate, current, and complete information about yourself on any registration form required for the Website, including, but not limited to, Your full name, email address, and zip code (such information being the “Registration Data”), and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. If You provide any information that is untrue, inaccurate, not current, or incomplete, or if we have reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, then we have the right to suspend or terminate Your User Account and refuse any and all current or future use of Your User Account.

User Accounts and usernames are non-transferable, and all users are obligated to take preventative measures to prohibit unauthorized users from accessing the Website with his or her username and password. You agree that You are solely responsible for activity that occurs under Your User Account. We are entitled to act on all instructions received by anyone using Your User Account, and we reserve the right to pursue any and all claims against any user of Your User Account.

We reserve the right to deactivate or cancel a User Account in our sole discretion, including for the following reasons: (i) You request such deactivation; (ii) You are deceased; (iii) You do not respond to repeated communication attempts regarding the status of Your User Account; (iv) You fail to make payments related to Your User Account (if applicable); (v) You reside in or relocate to a country where use of a User Account is prohibited under applicable law; or (vi) You act in a fraudulent or inappropriate manner while using the User Account. You will be responsible for all charges incurred up until the time the account in deactivated, if applicable.

We may retain User Account information and some automatically collected information for as long as You use Your User Account and for a reasonable time thereafter, and as required by applicable law. If You would like us to delete Your User Account information that you have provided, please contact us a privacy@khov.com and we will respond in a reasonable time. Information that You enter in the Website will generally remain there until we receive a legitimate request to remove it.

  1. 13. No Representations or Warranties.

Hovnanian makes no representation or warranty of any kind with respect to the materials and information contained on this Website.

YOU USE THIS WEBSITE AT YOUR SOLE RISK (INCLUDING BUT NOT LIMITED TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, DAMAGE RESULTING FROM RELIANCE ON INFORMATION FROM THIS WEBSITE, OR OTHER DAMAGES THAT RESULT FROM OBTAINING ANY CONTENT FROM THE WEBSITE INCLUDING COMPUTER VIRUSES) EVEN IF HOVNANIAN HAS BEEN ADVISED OF OR IS AWARE OF THE RISK OF SUCH DAMAGE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HOVNANIAN PROVIDES THIS WEBSITE, THE SERVICES, THE INFORMATION AND THE CONTENT “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS,” WITHOUT WARRANTY OF ANY KIND, AND HOVNANIAN SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

YOUR SOLE AND EXCLUSIVE REMEDY FOR ISSUES RELATING TO THE USE OF, OR THE MATERIAL ON, THE WEBSITE SHALL BE TO DISCONTINUE ACCESSING THE WEBSITE AND CEASE FROM USING THE INFORMATION OR MATERIAL OBTAINED.

YOU AGREE THAT HOVNANIAN SHALL NOT BE LIABLE FOR ANY DAMAGES RELATING TO YOUR USE OF, OR RELIANCE UPON THE WEBISTE OR ANY OF ITS CONTENT.

NO INFORMATION OR ADVICE PROVIDED ON THIS WEBSITE BY HOVNANIAN, OR BY HOVNANIAN’S EMPLOYEES OR AGENTS, SHALL CREATE ANY WARRANTY.

HOVNANIAN MAKES NO WARRANTY, REPRESENTATION, COVENANT, OR GUARANTEE WHATSOEVER, EXPRESS OR IMPLIED:

i)     AS TO THE VALUE, QUALITY, TIMELINESS, USEFULNESS, RELIABILITY, SECURITY, SUITABILITY, TRUTHFULNESS, OR COMPLETENESS OF THIS WEBSITE, THE SERVICES, THE INFORMATION, OR THE CONTENT;

ii)    THAT THIS WEBSITE WILL OPERATE UNINTERRUPTED OR ERROR-FREE;

iii)   THAT THIS WEBSITE, THE SERVICES, THE INFORMATION, OR THE CONTENT WILL MEET YOUR NEEDS OR EXPECTATIONS;

iv)    AS TO THE QUALITY OR VALUE OF ANY OF HOVNANIAN’S PRODUCTS, SERVICES, CONTENT, INFORMATION, OR OTHER MATERIAL YOU OBTAIN VIA THE WEBSITE; OR

v)     THAT ANY ERRORS ON THIS WEBSITE WILL BE CORRECTED.

  1. 14. Limitation of Liability

To the fullest extent permitted by applicable law, Hovnanian, its subsidiaries and affiliates, and their respective officers, directors, employees, agents, successors and assigns, shall have no liability, relating to Your use of or access to (or inability to access) this Website, your use of any information or material contained therein, for:

i)     Any and all claims for damages for actual, consequential, incidental, exemplary, special, or punitive damages even if Hovnanian is advised of the possibility of such (including, but not limited to, loss of business, profits, business information, or business interruption, or any other pecuniary loss); or

ii)    For direct damages, actually proven , exceeding US$1,000.00. This limitation shall be enforced even if it causes an exclusive remedy to fail of its essential purpose.

 

Hovnanian reserves the right, at any time, in Hovnanian’s sole and exclusive discretion, to amend, modify, suspend, or terminate this Website, any services, information or content, or any part thereof, and/or Your use of or access to them, with or without notice. Hovnanian shall have no liability to You or any other person or entity for any modification, suspension, or termination, or any loss of related information.

TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT WILL HOVNANIAN BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY, AND HOVNANIAN DISCLAIMS ANY AND ALL, DAMAGES, LOSSES, CLAIMS, LIABILITIES, PENALTIES, COSTS, EXPENSES AND ATTORNEYS' FEES, INCLUDING, WITHOUT LIMITATION, DIRECT, SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, CONSEQUENTIAL OR EXEMPLARY DAMAGES IN ANY WAY RELATING TO OR ARISING FROM THE USE OR MISUSE OF THE WEBSITE.

  1. 15. Indemnification

You agree to defend, indemnify, and hold Hovnanian, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and related fees and expenses, resulting from, or alleged to result from, Your violation of these Terms or Your use of this Website.

Hovnanian reserves the right to assume exclusive control of its defense in any matter subject to Your indemnification, which shall not excuse Your obligation to indemnify Hovnanian. You shall not settle any dispute subject to Your indemnification under these Terms without written consent from Hovnanian.

  1. 16. Choice of Law and Venue for Resolving Disputes

The internal laws of the State of New Jersey govern this contract and any claims relating to the materials on this Website or dispute that You may have against us, without regard to its conflict of laws rules.

The United Nations Convention on Contracts for the International Sale of Goods shall have no applicability.

BY AGREEING TO THESE TERMS YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST HOVNANIAN BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, STATE AND FEDERAL COURTS IN THE STATE OF NEW JERSEY OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US THAT ARE NOT COVERED BY THE BINDING ARBITRATION PROVISIONS OF SECTION 18; AND (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF COURTS LOCATED IN MONMOUTH COUNTY, NEW JERSEY FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS.

17. NETWORK ACCESS AND DEVICES

You are responsible for obtaining the data network access necessary to use the Website. If You are accessing the Website on Your mobile device, Your network’s data and messaging rates and fees may apply. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Website and any updates thereto. We do not guarantee that the Website, or any portion thereof, will function on any particular hardware or devices. In addition, the Website may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications

18. Binding Arbitration

18.1 Arbitration. ANY CLAIMS, DISAGREEMENTS, OR DISPUTES RELATING TO THE SOURCES OR THIS PRIVACY POLICY, INCLUDING WITHOUT LIMITATION THE COLLECTION, USE, DISCLOSURE (WHETHER VOLUNTARY, UNINTENTIONAL OR AS A RESULT OF UNAUTHORIZED ACCESS) OR STORAGE OF YOUR PERSONAL INFORMATION, SHALL BE RESOLVED EXCLUSIVELY BY BINDING ARBITRATION PURSUANT TO THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION (AAA). ANY RIGHTS YOU MAY HAVE WILL BE DETERMINED BY A NEUTRAL ARBITRATOR, AND NOT BY A JUDGE OR JURY. YOU ARE THUS WAIVING YOUR CONSTITUTIONAL RIGHT TO HAVE ANY CLAIMS, DISAGREEMENTS, OR DISPUTES DECIDED IN COURT BEFORE A JURY OR JUDGE, AND INSTEAD ARE ACCEPTING THE USE OF BINDING ARBITRATION. THE ARBITRATION SHALL TAKE PLACE IN THE STATE OF NEW JERSEY, UNLESS YOU REQUEST, IN WRITING, A DIFFERENT LOCATION REASONABLY RELATED TO THE CLAIMS, DISAGREEMENTS, OR DISPUTES AND IN WHICH STATE WE MAINTAIN A PHYSICAL BUSINESS OFFICE. THE ARBITRATION SHALL BE CONDUCTED BY ONE ARBITRATOR WHO IS SELECTED PURSUANT TO THE RULES OF THE AAA FROM THE AAA ROSTER OF ARBITRATORS, USING THE AAA ARBITRATOR SELECT LIST AND APPOINTMENT. THE AWARD OF THE ARBITRATOR SHALL BE FINAL AND JUDGMENT UPON THE AWARD SHALL BE ENTERED IN A COURT OF COMPETENT JURISDICTION IN THE STATE OF NEW JERSEY, OR IN THE STATE IN WHICH THE ARBITRATION TAKES PLACE. THE ARBITRATION SHALL NOT BE CONSOLIDATED OR COMBINED WITH ANY OTHER ARBITRATION, NOR CAN YOU PROCEED IN THE ARBTRATION ON A REPRESENTATIVE BASIS OR CAPACITY FOR OTHER PARTIES. YOU ALSO WAIVE ANY RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION BROUGHT IN COURT, OR TO ARBITRATE OR PARTICIPATE IN ARBITRATION ON A CLASS BASIS. EACH PARTY WILL BEAR ITS OWN ATTORNEYS’ FEES AND COSTS IN CONNECTION WITH ANY ARBITRATION, AND ANY COURT PROCEEDING IN CONNECTION WITH THE ENFORCEMENT OF THIS ARBITRATION PROVISION OR ENTRY OF JUDGMENT ON AN ARBITRAL AWARD. ANY DISPUTES REGARDING THIS ARBITRATION PROVISION SHALL BE RESOLVED BY THE ARBITRATOR. THIS PRIVACY POLICY IS GOVERNED BY THE LAWS OF THE STATE OF NEW JERSEY, AND CHOICE OF LAW PRINCIPLES SHALL NOT APPLY.

BY AGREEING TO THIS ARBITRATION PROVISION, YOU UNDERSTAND THAT YOU AND HOVNANIAN HEREBY WAIVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.

18.2. Location. The arbitration will be conducted in New Jersey, unless the parties agree to video, phone and/or internet connection appearances.

18.3. Limitations. You and Hovnanian agree that any arbitration will be limited to the Claim between Hovnanian and You individually. YOU AND HOVNANIAN AGREE THAT (A) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; (B) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL; AND (C) NO ARBITRATION WILL BE JOINED WITH ANY OTHER ARBITRATION.

18.4. Exceptions to Arbitration. You and Hovnanian agree that the following Claims are not subject to the above provisions concerning negotiations and binding arbitration: (i) any Claim seeking to enforce or protect, or concerning the validity of, any of Your or Hovnanian’s intellectual property rights; (ii) any Claim related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (iii) any claim for equitable relief. In addition to the foregoing, either party may assert an individual action in small claims court for Claims that are within the scope of such court’s jurisdiction in lieu of arbitration with the other party’s consent.

18.5. Arbitration Fees. The party seeking the Claim is responsible for the initial fees to AAA. All other fees and costs of the arbitration will be charged pursuant to the AAA Rules.

18.6. Severability. You and Hovnanian agree that if any portion this Section is found illegal or unenforceable, except any portion of Section 18.3, that portion will be severed and the remainder of the Section will be given full force and effect. If Section 18.3 is found to be illegal or unenforceable, then neither You nor Hovnanian will elect to arbitrate any Claim falling within that portion of this Section found to be illegal or unenforceable and such Claim will be exclusively decided by a court of competent jurisdiction within Monmouth County, New Jersey and You and Hovnanian agree to submit to the personal jurisdiction of that court.

EACH OF THE PARTIES HERETO IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE SERVICE OR THE TRANSACTIONS CONTEMPLATED HEREBY.

19. Severability

If any term of this Agreement is declared unlawful, void or unenforceable by any court in any jurisdiction, then such term will be deemed severable from the remaining terms in such jurisdiction and will not affect the validity and enforceability of the remaining terms.

20. Termination of Service

We may suspend or terminate Your right to access secured portions of the Website at any time, without notice, for conduct that we believe violates these Terms and/or is harmful to other users of the Website, to us, to our partners, to the contributors, to the business of our Internet service provider, or to other information providers.

21. Export Restrictions

Any software and all underlying information and technology downloaded or viewed from the Website or in connection with the services by You may be subject to U.S. export controls, including the Export Administration Act and the Export Administration Regulations, and may be subject to export or import regulations in other country. You are solely responsible for complying with all trade regulations and law, both foreign and domestic, in Your use and viewing of the Website, the content and any of our products or services. Except as authorized by law, You agree not to export or re-export the services to any country, or to any person, entity or end user subject to U.S. export controls, including, but not limited to, persons or entities listed on the U.S. Department of Commerce Bureau of Export Administration’s Denied Parties List and the U.S. Department of Treasury’s Specially Designated Nationals. You represent and warrant the no U.S. federal agency has suspended, revoked, or denied Your export privileges.

22. Entire Agreement

These Terms and any policies posted on this Website constitute the entire contract between You and Hovnanian and supersede all previous written or oral contracts regarding this Website and its usage. If any part of the Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Privacy Policy


Updated December 20, 2019

This Privacy Policy, as may be amended from time to time (hereafter, “Privacy Policy”), discloses the privacy practices regarding all information gathered from or about you ("Personal Information"), including in person, via any websites, mobile applications, social media pages, written or typed questionnaires, electronic transmissions, short message services, texts, facsimiles, telephonic communications, and all services, software functionality, or materials (collectively, the “Sources“) collected by or on behalf of K. Hovnanian Companies, LLC or its affiliates (“Hovnanian“, “us” or “we“).

We understand the importance that our customers place on privacy - we take your privacy seriously, too. Our Privacy Policy is the same for former customers, current customers and prospective customers. We have designed this Privacy Policy to describe our information-gathering and dissemination practices. You consent and agree to this Privacy Policy and our Terms and Conditions of Use of our website, which can be found here, when you access or use any Sources or communicate with us. If you do not consent or agree to this Privacy Policy, please do not access or use any of our Sources or communicate with us (as a basis for processing your Personal Information is your consent to this Privacy Policy). If you wish to withdraw your consent, please follow the procedures set forth below to withdraw your consent (in whole in or part) by following our opt-out procedures.

Please note that we reserve the right to review and update this Privacy Policy from time to time. If we make any material changes to the Privacy Policy, a notification will be made by means of a general notice displayed on certain Source(s) prior to the change taking effect. If you use any Sources or communicate with us after any such update, you will be deemed to have agreed to the updated Privacy Policy.

Notice to California Residents

Additional privacy policies, specifically developed and maintained for California residents, are found within this Privacy Policy. The sections within this Privacy Policy relating specifically to California residents are found below in the section entitled “ FOR CALIFORNIA RESIDENTS.

Children Under the Age of 18

Our website is not intended for children under 18 years of age. No one under age 18 may provide any information to, or on, the website or any of the Sources. We do not knowingly collect personal information from children under 18. If you are under 18, do not use or provide any information on this website, register on the website, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 18 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under the age of 18, please contact us at privacy@khov.com.

California residents under 16 years of age may have additional rights regarding the collection and sale of their personal information. Please see the section entitled “ FOR CALIFORNIA RESIDENTS ,” found below, for more information.

Types of Information That We Collect about You.

If you register for an account with or on any Source(s) or purchase a home, product, or service from us, or contact us, or interact with us in any way, we may collect, or you may provide to us, the following information:

Personal Information

The types of information that Hovnanian or its affiliates and related companies may collect, among other things, the following categories of information (collectively, “Personal Information”):

  • contact information (e.g., your first name, last name, title, physical address, zip code, phone number, email address);

  • user name, password and security questions and answers;

  • demographic information, such as your date of birth and nationality, which allows us to verify your identity and comply with federal law;

  • social security number (SSN), driver’s license, passport, and other government ID numbers and government documents;

  • Internet Protocol (or IP) address or device ID/UDID, protocol and sequence information;

  • loan account information;

  • bank account and credit/debit card numbers;

  • whether you own or rent your home;

  • income;

  • Other Personal Information provided by you to us.

Usage Information

The types of usage information that Hovnanian collects may contain generic information about you when you visit, access, or use our website or any of the Sources, which may include, among other things, the following categories of information (collectively, “Usage Information”):

  • browser language and type;

  • domain name system requests;

  • browsing history (such as, time spent at a domain, time and date of your visit, links clicked on, source, search data and terms, user names, physical location) and number of clicks;

  • http headers, application client and server banners, and operating system and fingerprinting data;

  • aggregated information, including De-identified Data (as defined herein); and

  • type of computer, mobile device or tablet you are using, your MAC address, your operating system and version, your IP address, and your internet service provider.

How Information Is Collected

When you access certain of our Sources, we automatically collect your computer or device’s internet protocol (IP) address and other technical information about your computer or device and website usage, including your browser type and version, geographic information, time zone setting, and operating system and platform. We do this using various automated technologies that are used for tracking and to collect information from you and about you when you visit our website or interact with us online via the Sources including cookies, information from your browser, information from our server, web beacons, pixel tags, clear GIFs and other means. In addition, during the normal course of our business, we may collect Personal Information and Usage Information about you from the following sources:

  • directly from you - you may provide information to us online for any number of reasons. For example, you may sign your home purchase agreement over the Internet, or via Docusign™ request information about our homes or communities, submit a warranty request, respond to a survey or submit a job application. In such cases, we will collect the information that you provide, which may include information regarding your home, your name, telephone number, email address, physical address, name of your present community or a Hovnanian community in which you are interested, or certain demographic information, such as your age range, gender and areas of interest and, in the case of a job application, may include your resume and social security number;

  • service providers -  We, like many businesses, sometimes hire other companies (“Service Providers“) to perform certain business-related functions. Examples include mailing information, maintaining databases, processing credit card transactions, and hosting services.

  • information from third parties - we may collect or purchase information from third parties, including marketing companies. If you have responded to or interacted with third parties who share your information with us, we collect the information the third party provides to us, including your email address.

  • social media-Hovnanian maintains profiles and pages on social media platforms including, Facebook?, Twitter?, Pinterest?, YouTube?, Instagram? and others. We may collect the information that you post on social media platforms including Personal Information, pictures or other information. Information posted on any such pages is also subject to the privacy policies and terms of use of the respective social media platforms.

  • applications or other forms we receive from you or your authorized representative, which may include information about your assets and income and identifying information, such as name, address and SSN;

  • your communication to us (for example, an inquiry about a property, or a request to sign up for a mailing list or to receive updates from us);

  • information we receive from you through the Sources and as a result of your use of our services;

  • information we receive from your computer or mobile device;

  • information we receive from our affiliates, partners or service providers;

  • information we receive from bank statements, lender approvals or W-9 forms;

  • information from consumer or other reporting agencies and public records maintained by governmental entities that we obtain directly from those entities, from our affiliates or others, such as your creditworthiness and credit history; and

  • information we receive from other sources, as permitted by applicable laws, rules and regulations.

Cookies and Other Tracking Technologies That We Use


We and our Service Providers use cookies, beacons, embedded scripts and local shared objects in connection with certain of the Sources.

  • Cookies are small text files that are stored on a web browser, application, computer or device when you visit, for example, a website. Cookies allow a website to recognize a particular device or browser. The use of cookies is a standard practice among websites to collect information about visitors’ activities while using such website.

  • Beacons are small graphical images (also known as “pixel tags” or “clear GIFs”) that may be included on certain of our Sources and typically work in conjunction with cookies to identify users and user behavior.

  • An embedded script is programming code that is designed to collect information about your interactions with certain of the Sources, such as the links you click on. The code is temporarily downloaded onto your computer or device from our web server or a third-party service provider, is active while you are connected to the applicable Sources, and is deactivated or deleted thereafter.

These technologies are used in analyzing trends, administering certain of the Sources, services and products, tracking users’ movements around certain of the Sources, and to gather demographic information about our user base as a whole. We may receive reports based on the use of these technologies on an individual as well as aggregated basis.

We use cookies to remember users’ settings, market products and services to you, and for authentication purposes. To manage the cookies that are placed on your computer, you may configure your internet browser to refuse, accept or delete cookies from our Sources at any time. The help portion of the toolbar on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. Please note that if cookies are disabled or removed, not all features of certain of our Sources will operate as intended.

Do Not Track Signals

We do not monitor or identify “do not track signals” from your devices and such signals will not affect the operation of the Sources. Even if you are using a device that sends a "do not track signal," we may collect, use and share Personal Information consistent with this Privacy Policy.

How We Use Information We Collect

Hovnanian will use and disclose the information we collect for any lawful purpose we deem appropriate. This includes in connection with your purchase of a Hovnanian home; to fulfill your requests; to answer your questions; to manage our business; to recruit and hire employees; to protect our interests; to comply with law enforcement; and, to support direct marketing and other opportunities of Hovnanian and third parties as described in this Privacy Policy. In this regard, we may contact you by email, postal mail, text message, social media, telephone or other means regarding our products, services, promotions and employment opportunities.

The information we collect helps us to improve our website and other Sources and to deliver a better and more personalized service, including by enabling us to:

  • Estimate our audience size and usage patterns.

  • Store information about your preferences, allowing us to customize our website according to your individual interests.

  • Speed up your searches.

  • Recognize you when you return to our website.

  • Identify individual preferences for marketing purposes.

We may transfer your Personal Information to third parties, including our hosting partners and other trusted third parties who assist us in operating the Website. You can read more about this below in “When Information is Disclosed and to Whom.”

Unless otherwise required by law, Hovnanian will treat all information shared with us online as non-confidential and non-proprietary. Hovnanian will utilize such information in accordance with this Privacy Policy. If you use or visit our website, submit any content to us, or post any content on our website or our social media pages or profiles, or otherwise interact with the Sources you agree that, with respect to such content, Hovnanian is granted an unlimited, non-exclusive, world-wide, non-revocable, perpetual license to reproduce, duplicate, transmit, display, publish, create derivative works, sublicense and otherwise use any such information for any lawful purpose whatsoever, including marketing and you agree to hold us harmless with respect thereto.

When Information is Disclosed and to Whom

We may provide your Personal Information (excluding information we receive from consumer or other credit reporting agencies) and Usage Information to various individuals and companies, as permitted by law, without obtaining your prior authorization. Please see the section below titled “Choices About How We Use and Disclose Your Information” to learn how to limit the discretionary disclosure of your Personal Information and Usage Information.

We may allow web analytics providers and other third parties including our advertisers, email vendors, service providers, and other service companies to collect information, including Personal Information, about your online activities, over time and across different web sites, when you use our website. These third parties may use the technologies mentioned above and other technologies to track your online behavior and to gather information about your activities on certain of the Sources and elsewhere on the internet to provide you with relevant advertising based upon your browsing activities and interests. This type of advertising is sometimes called interest-based advertising or targeted advertising. These technologies may be used to collect certain information about your visits to our website or other websites (including the types of information mentioned above).

We may also use Service Providers (such as Google Analytics), that may use cookies or other technologies to collect information about your online activities across this and other sites over time for non-advertising purposes such as those described above. To learn more about how Google Analytics collects and processes data and the choices Google may offer to control these activities, you may visit  http://www.google.com/intl/en/policies/privacy/partners/.

Disclosures of your Personal Information may be made to the following categories of affiliates and nonaffiliated third parties, unless prohibited by applicable law:

  • Subcontractors and Service Providers Providing Services to Hovnanian and Hovnanian homeowners. If you are a Hovnanian homeowner or prospective homeowner, we share your information, which may include Personal Information, with our subcontractors, service providers and developers of communities (for example, electricians, painters, land developers and telecom providers) in connection with your purchase of a Hovnanian home and in response to your warranty or customer service requests and to provide services to you and our other homeowners. We may share your information with service providers who perform services on our behalf, such as those service providers that perform technology services for us.

  • Hovnanian Business Relationships. If you enter into a purchase agreement for a new home, we may share your information, including your Personal Information, with others and, unless you opt-out as described in the new home documentation, such sharing may be for direct marketing purposes.

  • Other Third Parties. We may share your information, including your Personal Information, with other third parties, and, unless you opt-out, such sharing may be for direct marketing purposes.

  • Legal Matters. We may share your information, including your Personal Information, with third parties, including law enforcement; in response to legal process; and, to investigate, prevent, or take action regarding illegal, suspicious or fraudulent activities involving this website, you, or us.

  • Business Transactions. We may share your information, including your Personal Information, with potential buyers in the event of the sale or a proposed sale of a business unit or property or other business transaction.

  • Storage of Data. We share your information, including your Personal Information, with third parties for the purpose of helping us gather, store and maintain data.

  • To third parties to provide you with services you have requested, and to enable us to detect or prevent criminal activity, fraud, material misrepresentation, or nondisclosure.

  • To our subsidiaries and affiliates.

  • To our outside marketing consultants.

  • To nonaffiliated third-party service providers who provide or perform services on our behalf and use the disclosed information only in connection with such services.

  • To law enforcement or other governmental authority in connection with an investigation, or civil or criminal subpoena or court order.

  • To lenders, lien holders, judgment creditors, or other parties claiming an interest in title whose claim or interest must be determined, settled, paid, or released prior to closing on your new home.

  • To other third parties for whom you have given us written authorization to disclose your Personal Information.

  • To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Hovnanian’s assets, whether as a going concern or as part of a bankruptcy, liquidation, or similar proceeding, in which personal information held by Hovnanian about our users is among the assets transferred.

  • To fulfill the purpose for which you provide it.

  • For any other purpose disclosed by us when you provide the information.

  • With your consent.

We might disclose Personal Information and/or Usage Information when required by law or in the good-faith belief that such disclosure is necessary:

  • To comply with a legal process or applicable laws.

  • To enforce this Privacy Policy.

  • To enforce or apply our Terms of Use and other agreements.

  • To take precautions against liability and respond to any claim that any information provided by you violates the rights of a third party.

  • To assist government enforcement agencies.

  • To protect our rights, property, or the safety or the rights, property, or personal safety of our visitors and the public, which includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction, and, if required by law, disclosing information to U.S. federal and state governmental agencies.

  • To investigate potential unauthorized access or misuse of the website.

We maintain reasonable safeguards to keep your Personal Information secure. When we provide Personal Information to our affiliates or third-party service providers as discussed in this Privacy Policy, we require that these parties agree to process such information in compliance with our Privacy Policy or in a manner that complies with applicable privacy laws. The use of your information by a trusted business partner may be subject to that party’s own privacy policy. Unless permitted by law, we do not disclose information we collect from consumer or credit reporting agencies with our affiliates or others without your consent.

In addition to the other rights described herein, we have the right to sell, share, and use, for any purpose, the collected Personal Information in an aggregated, anonymized form, such that you are not individually identified (collectively, “De-identified Data”). For example, aggregate data may include De-identified Data that describes the general demographics, usage or other characteristics of certain Sources' users. We reserve the right to transfer or keep aggregate or group data about our Sources' users for lawful or legitimate purposes, such as for the purposes described in this section.

  We may allow you to create a user profile for use in connection with the Sources (“Profile”).  When you open an account with us and create a Profile, we may obtain, verify and record information that identifies you, including Personal Information. We may be required to verify, record or share such information to help the government fight the funding of terrorism and money laundering activities.

As we develop our business, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution, total or partial sale of assets in bankruptcy or similar event, Personal Information may be part of the transferred assets. You expressly agree and consent to the use and/or transfer of the foregoing information in connection with any of the above-described proceedings. We are not responsible for any breach of security or action by any of these third parties.

Some of our Sources utilize framing techniques  to serve content to you from third parties while preserving the look and feel of our Sources. When you interact with content from third parties displayed on any of our Sources, please be aware that you are providing your Personal Information to these third parties and it will be governed by their respective privacy policies and terms and conditions.

We may disclose your Personal Information for any purpose disclosed by us when you provide the information. We may also disclose your Personal Information with your permission or as directed by you.

Choices About How We Use and Disclose Your Information

We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:

  • To stop receiving newsletters or marketing communications from us or to opt out of having information, such as your email address shared with third parties, please use the “unsubscribe” mechanism provided in the communication or send an e-mail to  privacy@khov.com  along with the information necessary for us to process your request.

  • Tracking Technologies and Advertising.  You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe's website. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.

  • Disclosure of Your Information for Third-Party Advertising.  If you do not want us to share your personal information with unaffiliated or non-agent third parties for promotional purposes, you can opt-out by checking the relevant box located on the form on which we collect your data. You can also always opt-out by sending us an email with your request to privacy@khov.com.

  • Promotional Offers from the Company.  If you do not wish to have your contact information used by the Company to promote our own or third parties' products or services, you can opt-out by checking the relevant box located on the form on which we collect your data or by sending us an email stating your request to privacy@khov.com. If we have sent you a promotional email, you may send us a return email asking to be omitted from future email distributions. This opt out does not apply to information provided to the Company as a result of a product purchase, warranty registration, product service experience or other transactions.

We may also send you service-related email announcements on rare occasions when it is necessary to do so. For instance, if our service is temporarily suspended for maintenance, we might send you an email. Because these emails are not promotional in nature, you do not have an option to opt out of these communications.

We do not control third parties' collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative ("NAI") on the NAI's website. If you wish to not have this information collected and used for interest-based advertising, you may opt-out by going to the website Your Ad Choices powered by the Digital Advertising Alliance, https://youradchoices.com/ . Please note that this does not opt you out of being served with all advertisements. You will continue to receive generic ads.

California residents may have additional personal information rights and choices. Please see “FOR CALIFORNIA RESIDENTS,” found below, for more information.

Our Policy on Accessing, Correcting, Updating or Deleting Personal Information, and Deactivating Your Account

You may request to access, correct, update, or delete certain of your Personal Information or deactivate your account by emailing our Customer Support at  privacy@khov.com  with information necessary for us to process your request. While reasonable efforts will be made to delete all of the Personal Information as you may request, in certain circumstances retention of certain of your Personal Information may be required, including as required by law. Please see below regarding our retention policy.

Social Media Widgets

Our Sources may include social media features, such as the Facebook “Like” button and widgets such as the “share this” button or interactive mini-programs that run on certain of our Sources. These features may collect your IP address, which pages you are visiting on certain of our Sources, and may set a cookie to enable the feature to function properly. Social media features and widgets are either hosted by a third party or hosted directly on certain of our Sources. Your interactions with these features are governed by the privacy policy of the company providing them.

Security and Retention

We take commercially reasonable steps to help protect personal information from loss, misuse, unauthorized access, use, disclosure, alteration and destruction. However, no internet or electronic transmission is ever fully secure or error free. We do not and cannot guarantee or warrant that any information transmitted through the Internet is secure, or that such transmissions are free from delay, interruption, interception or error. Any transmission of personal information is at your own risk. If you believe that the security of any information or data that you have provided to us has been compromised, please immediately notify us of the problem by contacting us in accordance with the "Contacting Us" section below.

-settings or security measures contained on the  Website . Where we have given you (or where you have chosen) a password for access to certain parts of our  Website , you are responsible for keeping this password confidential. We ask you not to share your password with anyone.

LIMITATION OF LIABILITY . TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT WILL HOVNANIAN BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY, AND HOVNANIAN DISCLAIMS ANY AND ALL, DAMAGES, LOSSES, CLAIMS, LIABILITIES, PENALTIES, COSTS, EXPENSES AND ATTORNEYS' FEES, INCLUDING, WITHOUT LIMITATION, DIRECT, SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, CONSEQUENTIAL OR EXEMPLARY DAMAGES IN ANY WAY RELATING TO OR ARISING FROM THE MISUSE, DISCLOSURE (EITHER VOLUNTARY DISCLOSURE BY HOVNANIAN, OR UNINTENTIONAL DISCLOSURE VIA A DATA OR SECURITY BREACH), ALTERATION OR DESTRUCTION OF PERSONAL INFORMATION OR ANY BREACH OF SECURITY OR FOR THE UNAUTHORIZED ACCESS OR USE OF PERSONAL INFORMATION OR FOR ANY TECHNICAL FAILURES OR PROBLEMS, ERRORS IN PERSONAL INFORMATION, INTERRUPTION IN OR TERMINATION OF THE OPERATION OF ANY SOURCES, OR ANY RESULTS OF ANY SUCH FAILURES, PROBLEMS, OR ERRORS.

In addition, e-mail sent to or from any of our Sources may not be secure, and you should therefore take special care in deciding what information you send to us via electronic transmission. Please keep this in mind when disclosing any Personal Information to us or to any other party via the Internet. When you enter sensitive information on our order forms or login credentials (such as username and password) on our platform login, we encrypt the transmission of that information using secure socket layer technology (SSL).

Your Personal Information will be stored in the United States and will be subject to laws applicable in the United States. Our Sources may not be available or appropriate for use in countries other than the United States. If you choose to access one of our Sources from a country other than the United States, you do so at your own risk and with the understanding that Personal Information may be collected, used, disclosed or stored in the United States. If you are accessing our Sources in a country other than the United States, you acknowledge that our Sources are operated in the United States and your Personal Information may be transferred to and processed in the United States, where the privacy laws may be different than those in the country from which you are accessing our Sources.

We may retain your Personal Information, including for as long as your account is active or as needed to provide you services, comply with our legal obligations, resolve disputes or enforce our agreements or otherwise.

Privacy Outside the Website/Sources

Our website or Sources may now, or in the future, contain links to other websites or Sources. Hovnanian is not and cannot be responsible for the privacy practices or the content of any of those other websites. Please check with those websites in order to determine their privacy policies and your rights under them.

We may use the services of third-party service providers, for example to process payments and other transactions or to provide analytics services. By using our Website, you grant us all necessary rights and consents under applicable laws to disclose to the third party service providers –  and/or allow those third party service providers to collect, use, retain and disclose to us – any Personal Information for purposes of providing services to you, including data that we may collect directly from you using cookies or other similar means.

EUROPEAN UNION USERS

The website, Sources, and our products and services are hosted in the United States and are governed by United States law. If you are using the website, Sources, or our products or services from outside the United States, please be aware that your Personal Information may be transferred to, stored, and processed in the United States where our servers are located and our central database is operated. The data protection and other laws of the United States and other countries might not be as comprehensive as those in your country. By using the website or our products and services, you consent to your Personal Information being transferred to our facilities and to the facilities of those third parties with whom we share it as described in this Privacy Policy.

FOR CALIFORNIA RESIDENTS  

If you are a California resident, California law may provide you with additional rights regarding our use of your personal information. To learn more about your California privacy rights, see the following portions of this privacy policy.

California's "Shine the Light" law (Civil Code Section § 1798.83) permits users of our Website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to privacy@khov.com or write us at:

K. Hovnanian Companies, LLC

Attention: Corporate Legal Department

90 Matawan Rd, 5th Floor

Matawan, NJ 07747

This supplemental privacy notice for California residents supplements the information contained in the previous portions of this privacy policy and applies solely to all visitors, users, and others who reside in the State of California ("consumers" or "you"). We adopt this notice to comply with the California Consumer Privacy Act of 2018 (CCPA) and any terms defined in the CCPA have the same meaning when used in this notice.

Information We Collect

We collect through our Website and normal business operations information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device ("personal information"). In particular, Hovnanian has collected the following categories of personal and usage information from its consumers within the last twelve (12) months and indicated in the table below which sets forth a summary of Personal Information collected:

Category of PI Collected - Personal Identifiers

  • Specific PI within Category: Name, signature, physical address, email address, user name, social security number, driver’s license number, passport number.

  • How PI in this Category Collected (Categories of Sources): Applications, direct communication from you, through the website, through our CRM, via form submissions, sales office registrations, sales contract, applications, mortgage documents, Corrigo, BuildPro, from third parties, and from other entities as permitted by law.

  • Business purpose for PI in this Category: To confirm your identify, fulfill your requests, answer your questions, run and manage our business, protect our interests, and support direct marketing and other opportunities of Hovnanian and third parties as described in this Privacy Policy.

Category of PI Collected - Personal Information

  • Specific PI within Category: Name, signature, social security number, address, telephone number, passport number, driver’s license number, IP address, loan information, bank account numbers, credit card numbers and other financial information.

  • How PI in this Category Collected (Categories of Sources): We disclose this information to escrow agents, third party lien holders, service providers; document processing companies, consumer verification services, and any other third party involved in your loan process.

  • Business purpose for PI in this Category: To confirm your identify, fulfill your requests, answer your questions, run and manage our business, protect our interests, and support direct marketing and other opportunities of Hovnanian and third parties as described in this Privacy Policy.

Category of PI Collected - Characteristics of Protected Classifications

  • Specific PI within Category: Age (40 years or older), citizenship, marital status, veteran or military status.

  • How PI in this Category Collected (Categories of Sources): Applications, direct communication from you, from third parties, and from other entities as permitted by law.

  • Business purpose for PI in this Category: To verify your identity, comply with state and federal laws, and to determine eligibility for certain housing programs.

Category of PI Collected - Internet or Other Similar Network Activity

  • Specific PI within Category: Internet Protocol (or IP) address or device information, browsing history, search history, and interaction with our website.

  • How PI in this Category Collected (Categories of Sources): Website interaction.

  • Business purpose for PI in this Category: Used to estimate our audience size and usage patterns, allow us to customize our Website according to individual preferences, speed up searches when you return to our Website, and identify individual information/ preferences for marketing purposes.

Category of PI Collected - Professional/ Employment Information

  • Specific PI within Category : Employment status, job history.

  • How PI in this Category Collected (Categories of Sources): Applications, third parties.

  • Business purpose for PI in this Category: To determine eligibility for home ownership.

Sharing Personal Information

Hovnanian may disclose your personal information to a third party for a business purpose. When we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract.

We share your personal information with the following categories of third parties:

  • Service providers.

  • Outside marketing consultant.

  • Third party vendors.

Category of PI Shared - Personal Identifiers

  • Specific PI within Category: Name, physical address, email address.

  • To Whom is PI Shared: Service providers, outside marketing consultants, title company, investors, automated UW, insurance partners, mortgage insurance company and third party vendors.

  • Business purpose for Sharing PI: To fulfill warranty requests, answer your questions, run and manage our business, protect our interests, and support direct marketing and other opportunities of Hovnanian and third parties as described in this Privacy Policy.

Category of PI Shared - Personal Information

  • Specific PI within Category: Name, address, telephone number.

  • To Whom is PI Shared: Service providers, outside marketing consultants, title company, investors, automated UW, insurance partners, mortgage insurance company and third party vendors.

  • Business purpose for Sharing PI: To fulfill warranty requests, answer your questions, run and manage our business, protect our interests, and support direct marketing and other opportunities of Hovnanian and third parties as described in this Privacy Policy.

Category of PI Shared - Internet or Other Similar Network Activity

  • Specific PI within Category: Internet Protocol (or IP) address or device information, browsing history, search history, and interaction with our website.

  • To Whom is PI Shared: Outside marketing consultant.

  • Business purpose for Sharing PI: To support direct marketing and other opportunities of Hovnanian.

Disclosures of Personal Information for a Business Purpose

In the preceding twelve (12) months, Hovnanian has disclosed the following categories of personal information for a business purpose:

  • IP address.

  • Name, address, zip code, e-mail address and phone number.

 

Sales of Personal Information

In the preceding twelve (12) months, Hovnanian has not sold any personal information. It is Hovnanian’s policy that we do not sell personal information outside of our affiliated companies.

Your Rights and Choices

The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your  CCPA rights and explains how to exercise those rights.

Access to Specific Information and Data Portability Rights

You have the right to request that Hovnanian disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request, we will disclose to you:

  • The categories of personal information we collected about you.

  • The categories of sources for the personal information we collected about you.

  • Our business or commercial purpose for collecting or selling that personal information.

  • The categories of third parties with whom we share that personal information.

  • The specific pieces of personal information we collected about you (also called a data portability request).

  • If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:

    • sales, identifying the personal information categories that each category of recipient purchased; and

    • disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.

 

Deletion Request Rights

You have the right to request that Hovnanian delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.

We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:

  1. Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.

  2. Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.

  3. Debug products to identify and repair errors that impair existing intended functionality.

  4. Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.

  5. Comply with the California Electronic Communications  Privacy Act (Cal. Penal Code § 1546 et. seq.).

  6. Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information's deletion may likely render impossible or seriously impair the research's achievement, if you previously provided informed consent.

  7. Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.

  8. Comply with a legal obligation.

  9. Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

 

Personal Information Sales Opt-Out Rights

It is Hovnanian’s policy that we do not sell personal information to any entity outside of our affiliated companies. However, You have the right to direct us to not sell your personal information we have collected or will collect at any time (the "right to opt-out). To exercise the right to opt-out, you (or your authorized representative) may submit a request to us by visiting the following Internet Web page link:

Do Not Sell My Personal Information

Once you make an opt-out request, you may change your mind and opt back in to personal information sales at any time by e-mailing Hovnanian at privacy@khov.com.

You do not need to create an account with us to exercise your opt-out rights.  We will only use personal information provided in an opt-out request to review and comply with the request.

OPT OUT PROCEDURES

Exercising Access, Data Portability and Deletion Rights

To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by either:

K. Hovnanian Companies, LLC

Attention: Corporate Legal Department

90 Matawan Rd, 5th Floor

Matawan, NJ 07747

Only you, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information.

You may also make a verifiable consumer request on behalf of your minor child.

You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:

  • Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.

  • Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

 

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you.

Making a verifiable consumer request does not require you to create an account with us. We will only use personal information provided in a verifiable consumer request to verify the requestor's identity or authority to make the request. For instructions on exercising sale opt-out rights, see Personal Information Sales Opt-Out and Opt-In Rights, below. 

 

Response Timing and Format

We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing.

If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option.

Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request's receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

Personal Information Sales Opt-Out and Opt-In Rights

If you are 16 years of age or older, you have the right to direct us to not sell your personal information at any time (the "right to opt-out"). We do not sell the personal information of consumers we actually know are less than 16 years of age, unless we receive affirmative authorization (the "right to opt-in") from either the consumer who is between 13 and 16 years of age, or the parent or guardian of a consumer less than 13 years of age. Consumers who opt-in to personal information sales may opt-out of future sales at any time.

It is Hovnanian’s policy that we do not sell personal information to any entity outside of our affiliated companies. However, to exercise the right to opt-out, you (or your authorized representative) may submit a request to us by visiting the following Internet Web page link:

Do Not Sell My Personal Information

Once you make an opt-out request, we will wait at least twelve (12) months before asking you to reauthorize personal information sales. However, you may change your mind and opt back in to personal information sales at any time by e-mailing Hovnanian at privacy@khov.com.

You do not need to create an account with us to exercise your opt-out rights. We will only use personal information provided in an opt-out request to review and comply with the request.

Non-Discrimination

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

  • Deny you goods or services.

  • Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.

  • Provide you a different level or quality of goods or services.

  • Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your personal information's value and contain written terms that describe the program's material aspects. Participation in a financial incentive program requires your prior opt in consent, which you may revoke at any time.

CONTACTING US


Under California Civil Code Section 1789.3, California residents who use the website are entitled to the following consumer rights notice: If you have a question or complaint regarding the services or products provided through the Website, please send an email to privacy@khov.com. You may also contact us by writing to K. Hovnanian Companies, LLC, Attention: Corporate Legal Department, 90 Matawan Rd, 5th Floor, Matawan, NJ 07747 , or by calling us at 1-833-678-0423. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

Contacting Us.  Our “contact us” page contains e-mail links that allow you to contact us directly with any questions or comments that you may have. If you have any questions about this Privacy Policy or our privacy practices, please feel free to contact us at 

privacy@khov.com  or at:


K. Hovnanian Companies, LLC
Attention: Corporate Legal Department
90 Matawan Rd, 5th Floor
Matawan, NJ 07747

K. Hovnanian American Mortgage, LLC. - Privacy Policy


Updated January 13, 2020

This Privacy Policy, as may be amended from time to time (hereafter, “Privacy Policy”), discloses the privacy practices regarding all information gathered from or about you ("Personal Information"), including in person, via any websites, mobile applications, social media pages, written or typed questionnaires, electronic transmissions, short message services, facsimiles, telephonic communications, and all services, software functionality, or materials (collectively, the “Sources“) collected by or on behalf of K. Hovnanian American Mortgage, LLC (“KHAM”, “us” or “we”).

We understand the importance that our customers place on privacy - we take your privacy seriously, too Our Privacy Policy is the same for former customers, current customers and prospective customers. We have designed this Privacy Policy to describe our information-gathering and dissemination practices. You consent and agree to this Privacy Policy and our Terms and Conditions of Use of our website, which can be found here when you access or use any Sources or communicate with us. If you do not consent or agree to this Privacy Policy, please do not access or use any of our Sources or communicate with us (as a basis for processing your Personal Information is your consent to this Privacy Policy). If you wish to withdraw your consent, please follow the procedures set forth below to withdraw your consent (in whole in or part) by following our opt-out procedures.

Please note that we reserve the right to review and update this Privacy Policy from time to time. If we make any material changes to the Privacy Policy, a notification will be made by means of a general notice displayed on certain Source(s) prior to the change taking effect. If you use any Sources or communicate with us after any such update, you will be deemed to have agreed to the updated Privacy Policy.

Notice to California Residents

Additional privacy policies, specifically developed and maintained for California residents, are found within this Privacy Policy.The sections within this Privacy Policy relating specifically to California residents are found below in the section entitled “FOR CALIFORNIA RESIDENTS.”

Children Under the Age of 18

Our website is not intended for children under 18 years of age. No one under age 18 may provide any information to, or on, the website or any of the Sources. We do not knowingly collect personal information from children under 18. If you are under 18, do not use or provide any information on this website, register on the website, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 18 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under the age of 18, please contact us at privacy@khov.com .

California residents under 16 years of age may have additional rights regarding the collection and sale of their personal information. Please see the section entitled FOR CALIFORNIA RESIDENTS,” found below, for more information.

Types of Information That We Collect about You.


When you register for an account with or on any Source(s) or purchase a home, product, or service from us, or contact us, or interact with us in any way, we may collect, or you may provide to us, the following information:

Personal Information

The types of information that KHAM collects may include, among other things, the following categories of information (collectively, “Personal Information”):

  • contact information (e.g., your first name, last name, title, physical address, zip code, phone number, email address);

  • user name, password and security questions and answers;

  • demographic information, such as your date of birth and nationality, which allows us to verify your identity and comply with federal law;

  • social security number (SSN), driver’s license, passport, resident alien card, passport visa, and other government ID numbers and government documents;

  • Internet Protocol (or IP) address or device ID/UDID, protocol and sequence information;

  • loan account information;

  • bank account and credit/debit card numbers;

  • whether you own or rent your home;

  • dependent information;

  • divorce decree and property settlement information;

  • IRS transcripts; and

  • other Personal Information provided by you to us.

 


Usage Information

The types of usage information that KHAM collects may contain generic information about you when you visit, access, or use our website or any of the Sources, which may include, among other things, the following categories of information (collectively, “Usage Information”):

  • browser language and type;

  • domain name system requests;

  • browsing history (such as, time spent at a domain, time and date of your visit, links clicked on, search data and terms, user names, physical location) and number of clicks;

  • http headers, application client and server banners, and operating system and fingerprinting data;

  • aggregated information, including De-identified Data (as defined herein); and

  • type of computer, mobile device or tablet you are using, your MAC address, your operating system and version, your IP address, and your internet service provider.



How Information Is Collected

When you access certain of our Sources, we automatically collect your computer or device’s internet protocol (IP) address and other technical information about your computer or device and website usage, including your browser type and version, geographic information, time zone setting, and operating system and platform. We do this using v arious automated technologies that are used for tracking and to collect information from you and about you when you visit our website or interact with us online via the Sources including cookies, information from your browser, information from our server, web beacons, pixel tags, clear GIFs and other means. In addition, during the normal course of our business, we may collect Personal Information and Usage Information about you from the following sources:

  • directly from you - you may provide information to us online, or in person, for any number of reasons. For example, you may sign your home purchase agreement over the Internet, request information about our homes or communities, submit a warranty request, respond to a survey or submit a job application. In such cases, we will collect the information that you provide, which may include information regarding your home, your name, telephone number, email address, physical address, name of your present community or a KHAM community in which you are interested, or certain demographic information, such as your age range, gender and areas of interest and, in the case of a job application, may include your resume and social security number;

  • service providers - we, like many businesses, sometimes hire other companies (“Service Providers“) to perform certain business-related functions. Examples include mailing information, maintaining databases, processing credit card transactions, and hosting services.

  • information from third parties - we may collect or purchase information from third parties, including marketing companies. If you have responded to or interacted with third parties who share your information with us, we collect the information the third party provides to us, including your email address.

  • social media. KHAM maintains profiles and pages on social media platforms including, Facebook?, Twitter?, Pinterest?, YouTube?, Instagram? and others. We may collect the information that you post on social media platforms including Personal Information, pictures or other information. Information posted on any such pages is also subject to the privacy policies and terms of use of the respective social media platforms.

  • applications or other forms we receive from you or your authorized representative, which may include information about your assets and income and identifying information, such as name, address and SSN;

  • your communication to us (for example, an inquiry about a property, or a request to sign up for a mailing list or to receive updates from us);

  • information we receive from you through the Sources and as a result of your use of our services;

  • information we receive from your computer or mobile device;

  • information we receive from our affiliates, partners or service providers;

  • information we receive from bank statements, lender approvals or W-9 forms;

  • information from consumer or other reporting agencies and public records maintained by governmental entities that we obtain directly from those entities, from our affiliates or others, such as your creditworthiness and credit history; and

  • information we receive from other sources, as permitted by applicable laws, rules and regulations.

Cookies and Other Tracking Technologies That We Use


We and our Service Providers use cookies, beacons, embedded scripts and local shared objects in connection with certain of the Sources.

  • Cookies are small text files that are stored on your computer or device when you visit for example a website. Cookies allow a website to recognize a particular device or browser. The use of cookies is a standard practice among websites to collect information about visitors’ activities while using such website.

  • Beacons are small graphical images (also known as “pixel tags” or “clear GIFs”) that may be included on certain of our Sources and typically work in conjunction with cookies to identify users and user behavior.

  • An embedded script is programming code that is designed to collect information about your interactions with certain of the Sources, such as the links you click on. The code is temporarily downloaded onto your computer or device from our web server or a third-party service provider, is active while you are connected to the applicable Sources, and is deactivated or deleted thereafter.

These technologies are used in analyzing trends, administering certain of the Sources, services and products, tracking users’ movements around certain of the Sources, and to gather demographic information about our user base as a whole. We may receive reports based on the use of these technologies on an individual as well as aggregated basis.

We use cookies to remember users’ settings, market products and services to you, and for authentication purposes. To manage the cookies that are placed on your computer, you may configure your internet browser to refuse, accept or delete cookies from our Sources at any time. The help portion of the toolbar on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. Please note that if cookies are disabled or removed, not all features of certain of our Sources will operate as intended.

Do Not Track Signals

We do not monitor or identify “do not track signals” from your devices and such signals will not affect the operation of the Sources. Even if you are using a device that sends a "do not track signal," we may collect, use and share Personal Information consistent with this Privacy Policy.

How We Use Information We Collect

KHAM will use and disclose the information we collect for any lawful purpose we deem appropriate. This includes in connection with obtaining a loan; your purchase of a KHAM home; to fulfill your requests; to answer your questions; to manage our business; to recruit and hire employees; to protect our interests; to comply with law enforcement; and, to support direct marketing and other opportunities of KHAM and third parties as described in this Privacy Policy. In this regard, we may contact you by email, postal mail, text message, social media, telephone or other means regarding our products, services, promotions and employment opportunities.

The information we collect helps us to improve our website and other Sources and to deliver a better and more personalized service, including by enabling us to:

  • Estimate our audience size and usage patterns.

  • Store information about your preferences, allowing us to customize our website according to your individual interests.

  • Speed up your searches.

  • Recognize you when you return to our website.

  • Identify individual preferences for marketing purposes.

We may transfer your Personal Information to third parties, including our hosting partners and other trusted third parties who assist us in operating the Website.You can read more about this below in “When Information is Disclosed and to Whom.”

Unless otherwise required by law, KHAM will treat all information shared with us online as non-confidential and non-proprietary. KHAM will utilize such information in accordance with this Privacy Policy. If you use or visit our website, submit any content to us, or post any content on our website or our social media pages or profiles, or otherwise interact with the Sources you agree that, with respect to such content, KHAM is granted an unlimited, non-exclusive, world-wide, non-revocable, perpetual license to reproduce, duplicate, transmit, display, publish, create derivative works, sublicense and otherwise use any such information for any lawful purpose whatsoever, including marketing and you agree to hold us harmless with respect thereto.

When Information Is Disclosed and to Whom

We may provide your Personal Information (excluding information we receive from consumer or other credit reporting agencies) and Usage Information to various individuals and companies, as permitted by law, without obtaining your prior authorization. Please see the section below titled “Choices with Your Personal Information” to learn how to limit the discretionary disclosure of your Personal Information and Usage Information.

We may allow web analytics providers and other third parties including our advertisers, email vendors, service providers, and other service companies to collect information, including Personal Information, about your online activities, over time and across different web sites, when you use tour website. These third parties may use the technologies mentioned above and other technologies to track your online behavior and to gather information about your activities on certain of the Sources and elsewhere on the internet to provide you with relevant advertising based upon your browsing activities and interests. This type of advertising is sometimes called interest-based advertising or targeted advertising. These technologies may be used to collect certain information about your visits to our website or other websites (including the types of information mentioned above).

We may also use Service Providers (such as Google Analytics), that may use cookies or other technologies to collect information about your online activities across this and other sites over time for non-advertising purposes such as those described above. To learn more about how Google Analytics collects and processes data and the choices Google may offer to control these activities, you may visit  http://www.google.com/intl/en/policies/privacy/partners/ .

Disclosures of your Personal Information may be made to the following categories of affiliates and nonaffiliated third parties, unless prohibited by applicable law:

  • Subcontractors and Service Providers Providing Services to KHAM and KHAM homeowners. If you are a KHAM homeowner or prospective homeowner, we share your information, which may include Personal Information, with our subcontractors, service providers and developers of communities (for example, electricians, painters, land developers and telecom providers) in connection with your purchase of a KHAM home and in response to your warranty or customer service requests and to provide services to you and our other homeowners. We may share your information with service providers who perform services on our behalf, such as those service providers that perform technology services for us.

  • KHAM Business Relationships. If you enter into a mortgage for a new home, we may share your information, including your Personal Information, with others and, unless you opt-out as described in the new home documentation, such sharing may be for direct marketing purposes.

  • Other Third Parties. We may share your information, including your Personal Information, with other third parties, and, unless you opt-out, such sharing may be for direct marketing purposes.

  • Legal Matters. We may share your information, including your Personal Information, with third parties, including law enforcement; in response to legal process; and, to investigate, prevent, or take action regarding illegal, suspicious or fraudulent activities involving this website, you, or us.

  • Business Transactions. We may share your information, including your Personal Information, with potential buyers in the event of the sale or a proposed sale of a business unit or property or other business transaction.

  • Storage. We share your information, including your Personal Information, with third parties for the purpose of helping us gather, store and maintain data.

  • To third parties to provide you with services you have requested, and to enable us to detect or prevent criminal activity, fraud, material misrepresentation, or nondisclosure.

  • To our subsidiaries and affiliates.

  • To our outside marketing consultant.

  • To nonaffiliated third-party service providers who provide or perform services on our behalf and use the disclosed information only in connection with such services.

  • To law enforcement or other governmental authority in connection with an investigation, or civil or criminal subpoena or court order.

  • To lenders, lien holders, judgment creditors, or other parties claiming an interest in title whose claim or interest must be determined, settled, paid, or released prior to closing on your new home.

  • To other third parties for whom you have given us written authorization to disclose your Personal Information.

  • To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of KHAM’s assets, whether as a going concern or as part of a bankruptcy, liquidation, or similar proceeding, in which person information held by KHAM about our users is among the assets transferred.

  • To fulfill the purpose for which you provide it.

  • For any other purpose disclosed by us when you provide the information.

  • With your consent.



We might disclose Personal Information and/or Usage Information when required by law or in the good-faith belief that such disclosure is necessary:

 

  • To comply with a legal process or applicable laws.

  • To enforce this Privacy Notice.

  • To enforce or apply our Terms of Use and other agreements.

  • To take precautions against liability and respond to any claim that any information provided by you violates the rights of a third party.

  • To assist government enforcement agencies.

  • To protect our rights, property, or the safety or the rights, property, or personal safety of our visitors and the public, which includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction, and, if required by law, disclosing information to U.S. federal and state governmental agencies.

  • To investigate potential unauthorized access or misuse of the website.


We maintain reasonable safeguards to keep your Personal Information secure. When we provide Personal Information to our affiliates or third-party service providers as discussed in this Privacy Notice, we require that these parties agree to process such information in compliance with our Privacy Notice or in a manner that complies with applicable privacy laws. The use of your information by a trusted business partner may be subject to that party’s own privacy notice. Unless permitted by law, we do not disclose information we collect from consumer or credit reporting agencies with our affiliates or others without your consent.

In addition to the other rights described herein, we have the right to exploit, share, and use, for any purpose, the collected Personal Information in an aggregated, anonymized form, such that you are not individually identified (collectively, “De-identified Data”). For example, aggregate data may include De-identified Data that describes the general demographics, usage or other characteristics of certain Sources' users. We reserve the right to transfer or keep aggregate or group data about our Sources' users for lawful or legitimate purposes, such as for the purposes described in this section.

 We may allow you to create a user profile for use in connection with the Sources (“Profile”).  When you open an account with us and create a Profile, we may obtain, verify and record information that identifies you, including Personal Information. We may be required to verify, record or share such information to help the government fight the funding of terrorism and money laundering activities.

As we develop our business, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution, total or partial sale of assets in bankruptcy or similar event, Personal Information may be part of the transferred assets. You expressly agree and consent to the use and/or transfer of the foregoing information in connection with any of the above-described proceedings. We are not responsible for any breach of security or action by any of these third parties.

Some of our Sources utilize framing techniques to serve content to you from third parties while preserving the look and feel of our Sources. When you interact with content from third parties displayed on any of our Sources, please be aware that you are providing your Personal Information to these third parties and it will be governed by their respective privacy policies and terms and conditions.

We may disclose your Personal Information for any purpose disclosed by us when you provide the information. We may also disclose your Personal Information with your permission or as directed by you.

Choices About How We Use and Disclose Your Information

We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:

  • To stop receiving newsletters or marketing communications from us or to opt out of having information, such as your email address shared with third parties, please use the “unsubscribe” mechanism provided in the communication or send an e-mail to privacy@khov.com along with the information necessary for us to process your request.

  • Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe's website. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.

  • Disclosure of Your Information for Third-Party Advertising. If you do not want us to share your personal information with unaffiliated or non-agent third parties for promotional purposes, you can opt-out by checking the relevant box located on the form on which we collect your data. You can also always opt-out by sending us an email with your request to privacy@khov.com.

  • Promotional Offers from the Company. If you do not wish to have your contact information used by the Company to promote our own or third parties' products or services, you can opt-out by checking the relevant box located on the form on which we collect your data or by sending us an email stating your request to privacy@khov.com.If we have sent you a promotional email, you may send us a return email asking to be omitted from future email distributions.This opt out does not apply to information provided to the Company as a result of a product purchase, warranty registration, product service experience or other transactions.

 

We may also send you service-related email announcements on rare occasions when it is necessary to do so. For instance, if our service is temporarily suspended for maintenance, we might send you an email. Because these emails are not promotional in nature, you do not have an option to opt out of these communications.

We do not control third parties' collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way.You can opt out of receiving targeted ads from members of the Network Advertising Initiative ("NAI") on the NAI's  website . If you wish to not have this information collected and used for interest-based advertising, you may opt-out by clicking  here ; for third parties that participate in the TRUSTArc (formerly TRUSTe) opt-out tool. If you wish to opt-out from this type of advertising for companies that participate in the Digital Advertising Alliance (“DAA”), you can do so  here . Please note that this does not opt you out of being served with all advertisements. You will continue to receive generic ads.

California residents may have additional personal information rights and choices. Please see “FOR CALIFORNIA RESIDENTS,” found below, for more information.

Our Policy on Accessing, Correcting, Updating or Deleting Personal Information, and Deactivating Your Account


You may request to access, correct, update, or delete certain of your Personal Information or deactivate your account by emailing our Customer Support at 
privacy@khov.com.  with information necessary for us to process your request. While reasonable efforts will be made to delete all of the Personal Information as you may request, in certain circumstances retention of certain of your Personal Information may be required, including as required by law. Please see below regarding our retention policy.

Social Media Widgets

Our Sources may include social media features, such as the Facebook “Like” button and widgets such as the “share this” button or interactive mini-programs that run on certain of our Sources. These features may collect your IP address, which pages you are visiting on certain of our Sources, and may set a cookie to enable the feature to function properly. Social media features and widgets are either hosted by a third party or hosted directly on certain of our Sources. Your interactions with these features are governed by the privacy policy of the company providing them.

Security and Retention

We take commercially reasonable steps to help protect personal information from loss, misuse, unauthorized access, use, disclosure, alteration and destruction. However, no internet or electronic transmission is ever fully secure or error free. We do not and cannot guarantee or warrant that any information transmitted through the Internet is secure, or that such transmissions are free from delay, interruption, interception or error. Any transmission of personal information is at your own risk. If you believe that the security of any information or data that you have provided to us has been compromised, please immediately notify us of the problem by contacting us in accordance with the "Contacting Us" section below.

We are not responsible for circumvention of any  privacy settings or security measures contained on the Website. Where we have given you (or where you have chosen) a password for access to certain parts of our Website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.

LIMITATION OF LIABILITY . TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT WILL KHAM BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY, AND KHAM DISCLAIMS ANY AND ALL, DAMAGES, LOSSES, CLAIMS, LIABILITIES, PENALTIES, COSTS, EXPENSES AND ATTORNEYS' FEES, INCLUDING, WITHOUT LIMITATION, DIRECT, SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, CONSEQUENTIAL OR EXEMPLARY DAMAGES IN ANY WAY RELATING TO OR ARISING FROM THE MISUSE, DISCLOSURE (EITHER VOLUNTARY DISCLOSURE BY KHAM, OR UNINTENTIONAL DISCLOSURE VIA A DATA OR SECURITY BREACH), ALTERATION OR DESTRUCTION OF PERSONAL INFORMATION OR ANY BREACH OF SECURITY OR FOR THE UNAUTHORIZED ACCESS OR USE OF PERSONAL INFORMATION OR FOR ANY TECHNICAL FAILURES OR PROBLEMS, ERRORS IN PERSONAL INFORMATION, INTERRUPTION IN OR TERMINATION OF THE OPERATION OF ANY SOURCES, OR ANY RESULTS OF ANY SUCH FAILURES, PROBLEMS, OR ERRORS.

In addition, e-mail sent to or from any of our Sources may not be secure, and you should therefore take special care in deciding what information you send to us via electronic transmission. Please keep this in mind when disclosing any Personal Information to us or to any other party via the Internet. When you enter sensitive information on our order forms or login credentials (such as username and password) on our platform login, we encrypt the transmission of that information using secure socket layer technology (SSL).

Your Personal Information will be stored in the United States and will be subject to laws applicable in the United States. Our Sources may not be available or appropriate for use in countries other than the United States. If you choose to access one of our Sources from a country other than the United States, you do so at your own risk and with the understanding that Personal Information may be collected, used, disclosed or stored in the United States. If you are accessing our Sources in a country other than the United States, you acknowledge that our Sources are operated in the United States and your Personal Information may be transferred to and processed in the United States, where the privacy laws may be different than those in the country from which you are accessing our Sources.

We may retain your Personal Information, including for as long as your account is active or as needed to provide you services, comply with our legal obligations, resolve disputes or enforce our agreements or otherwise.

Privacy Outside the Website/Sources

Our website or Sources may now, or in the future, contain links to other websites or Sources. KHAM is not and cannot be responsible for the privacy practices or the content of any of those other websites. Please check with those websites in order to determine their privacy policies and your rights under them.

We may use the services of third party service providers, for example to process payments and other transactions or to provide analytics services. By using our Website, you grant us all necessary rights and consents under applicable laws to disclose to the third party service providers –  and/or allow those third party service providers to collect, use, retain and disclose to us – any Personal Information for purposes of providing services to you, including data that we may collect directly from you using cookies or other similar means.

EUROPEAN UNION USERS

The website, Sources, and our products and services are hosted in the United States and are governed by United States law. If you are using the website, Sources, or our products or services from outside the United States, please be aware that your Personal Information may be transferred to, stored, and processed in the United States where our servers are located and our central database is operated. The data protection and other laws of the United States and other countries might not be as comprehensive as those in your country. By using the website or our products and services, you consent to your Personal Information being transferred to our facilities and to the facilities of those third parties with whom we share it as described in this Privacy Notice.

FOR CALIFORNIA RESIDENTS

If you are a California resident, California law may provide you with additional rights regarding our use of your personal information.To learn more about your California privacy rights, see the following portions of this privacy policy.

California's "Shine the Light" law (Civil Code Section § 1798.83) permits users of our Website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to privacy@khov.com or write us at:

K. Hovnanian American Mortgage, LLC
Attention: Corporate Legal Department
90 Matawan Rd, 5th Floor
Matawan, NJ 07747

This supplemental privacy notice  for California residents  supplements the information contained in the previous portions of this privacy policy and applies solely to all visitors, users, and others who reside in the State of California ("consumers" or "you"). We adopt this notice to comply with the California Consumer Privacy Act of 2018 (CCPA) and any terms defined in the CCPA have the same meaning when used in this notice.

Information We Collect


We collect through our Website and normal business operations information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device ("personal information"). In particular, KHAM has collected the following categories of personal and usage information from its consumers within the last twelve (12) months and indicated in the table below which sets forth a summary of Personal Information collected:

Category - Identifiers


·          What We May Collect:

o    A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol ("IP") address, email address, account name, Social Security number, driver's license number..

·          How do we Collect it?:

o    We generally collect this information about you at the start of any business relationship with us, such as getting your name, alias, postal address, or email address through forms.

o    We may also collect your IP address through cookies on your device during your use of our Website.

o    Other, more sensitive information like your social security number will only be requested in certain situations, such as for select vendors/contractors or prior to tax documents we may obtain as part of the mortgage process.

·          Business Purpose for Disclosure:

o    We use identifiers to determine who you are, where you are, and how to best contact you and answer any questions or concerns you may have about our services.

o    In addition, there may be some circumstances where we need specific identifiers for tax and loan documents.

o    Finally, we may use some of this information, like your name and email, to identify and alert you of any of our services that you may be interested in using.You can always unsubscribe from these email notices by clicking here

Category - Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e))

·          What We May Collect:

o    A name, signature, Social Security number, address, telephone number, driver's license or state identification card number, resident alien card, passport visa, dependent information, divorce decree and property settlement, IRS transcripts, employment, employment history, bank account number, credit card number, debit card number, and other financial information.

·          How do we Collect it?:

o    We generally collect this information about you at the start of any business relationship with us, such as getting your name, alias, postal address, or email address through forms and applications. This information may also be sent to us by Third Parties (as defined below) who you have given your information to.

o    Other, more sensitive information like your social security number will only be requested in certain situations, such as for select vendors/contractors or prior to tax documents we may obtain as part of the mortgage process

·          What Business Purpose:

o    We use identifiers to determine who you are, where you are, and how to best contact you and answer any questions or concerns you may have about services.

o    We may also need certain identifiers, such as your social security number and financial information, to run credit checks and other validations on you and qualify you for a mortgage.

o    Finally, we may use some of this information, like your name and email, to identify and alert you of any of our services that you may be interested in using.You can always unsubscribe from these email notices by clicking here.

o    Furthermore, we may use your phone number to contact you or respond to any requests or questions you have regarding our services.

o    Finally, your signature may be collected as part of an acknowledgement in order to enter into a loan agreement.

Category - Protected classification characteristics under California or federal law

·          What We May Collect:

o    Age (40 years or older), date of birth, race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, dependent information, genetic information (including familial genetic information).

·          How do we Collect it?:

o    We collect this kind of information directly from you under our loan application.

·          What Business Purpose:

o    We are required to comply with the Equal Credit Opportunity Act and the Home Mortgage Disclosure Act. The demographic information we collect about you is so we can fulfil our obligations to report and disclose information about the mortgages that we originate, to help regulators determine if lenders as a whole are serving the housing needs of their communities, identify discrimination, and assist public officials in making housing investment decisions.

o    None of this information is used or considered when determining whether or not you qualify for a loan.

Category - Commercial information

·          What We May Collect:

o    Records of personal property, products or services purchased, obtained, or considered, divorce decree and property settlements, IRS transcripts, or other purchasing or consuming histories or tendencies.

·          How do we Collect it?:

o    We collect this information from you as part of the loan application process, either through the form, or your consent to our order of your credit history.

o    We may also collect and retain information as it pertains to your use of services.

·          What Business Purpose:

o    We collect and maintain this information about you in order to determine if you qualify for a loan, what kind of loan you qualify for, and how much do you qualify for.

o    In addition, we may anonymize and aggregate some of this information to better inform us about our marketing and marketing team.

Category - Internet or other similar network activity.

·          What We May Collect:

o    Browsing history, search history, information on a consumer's interaction with a website, application, or advertisement

·          How do we Collect it?:

o    We may also collect your IP address through cookies on your device during your use of our Website. Similarly, we may collect other information through cookies, such as the type of device, what directed you to our Website, and whether or not you clicked on one of our advertisements.

·          Business What Business Purpose:

o    We collect, aggregate and anonymize this information to better inform us about our marketing and marketing team.

 

Sharing Personal Information


KHAM may disclose your personal information to a third party for a business purpose. When we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract.


We share your personal information with the following categories of third parties:

  • Service providers.

  • Outside marketing consultants.

  • Third party vendors.



Below you will find a table summarizing how your Personal Information is disclosed:

Category - Identifiers

  • What we may disclose:

    • A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol ("IP") address, email address, account name, Social Security number, driver's license number.
  • What Kind of Third Parties Do We Disclose Your Information to?:

    • We disclose this information to escrow agents, third party lien holders, service providers; document processing companies, consumer verification services, and any other third party involved in your loan process.
  • Business Purpose for Disclosure:

    • We disclose this information so these parties know who you are, and how to reach you for the purposes of a transaction between you and KHAM. We may also disclose this information to comply with our legal obligations.

Category - Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e))

  • What we may disclose:

    • A name, signature, Social Security number, address, telephone number, driver's license or state identification card number, resident alien card, passport visa, dependent information, divorce decree and property settlement, IRS transcripts, employment, employment history, bank account number, credit card number, debit card number, and other financial information.
  • What Kind of Third Parties Do We Disclose Your Information to?:

    • We disclose this information to escrow agents, third party lien holders, service providers; document processing companies, consumer verification services, and any other third party involved in your loan process
  • Business Purpose for Disclosure:

    • We disclose this information so these parties know who you are, and how to reach you for the purposes of a transaction between you and KHAM. We may also disclose this information to comply with our legal obligations.

Category - Protected classification characteristics under California or federal law

  • What we may disclose:

    • Age (40 years or older), date of birth, race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, dependent information, genetic information (including familial genetic information).
  • What Kind of Third Parties Do We Disclose Your Information to?:

    • We disclose this information to escrow agents, third party lien holders, service providers; document processing companies, consumer verification services, and any other third party involved in your loan process. In addition, we are required to disclose some data to the federal government.
    • Business Purpose for Disclosure:

      We disclose this information so these parties know who you are, and how to reach you for the purposes of a transaction between you and KHAM. We may also disclose this information to comply with our legal obligations.

Category - Commercial information

  • What we may disclose:

    • Records of personal property, products or services purchased, obtained, or considered, divorce decree and property settlements, IRS transcripts, or other purchasing or consuming histories or tendencies.
  • What Kind of Third Parties Do We Disclose Your Information to?:

    • We disclose this information to escrow agents, third party lien holders, service providers; document processing companies, consumer verification services, and any other third party involved in your loan process.
    • Business Purpose for Disclosure:

      We disclose this information for the purposes of reporting your creditworthiness, and to confirm and allow for the verification of information that you provide to KHAM.

Category - Internet or other similar network activity.

  • What we may disclose:

    • Browsing history, search history, information on a consumer's interaction with a website, application, or advertisement.
  • What Kind of Third Parties Do We Disclose Your Information to?:

    • We disclose this information to marketing partners, service providers; and any other third party involved in your loan process. Furthermore, this information may be shared with external information technology experts to determine and assess the nature of a data breach.
  • Business Purpose for Disclosure:

    • We share some of this information, after it has been de-identified pursuant to the Terms of use information to better tailor our service to your brokers.

Sales of Personal Information


In the preceding twelve (12) months, KHAM has not sold any personal information. It is KHAM’s policy that we do not sell personal information to any entity outside of our affiliated companies.


Your Rights and Choices


The CCPA provides consumers (California residents) with specific rights regarding their    personal information. This section describes your CCPA  rights and explains how to exercise those rights.


Access to Specific Information and Data Portability Rights


You have the right to request that KHAM disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request, we will disclose to you:


·         The categories of personal information we collected about you.

·         The categories of sources for the personal information we collected about you.

·         Our business or commercial purpose for collecting or selling that personal information.

·         The categories of third parties with whom we share that personal information.

·         The specific pieces of personal information we collected about you (also called a data portability request).

·         If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:

·         sales, identifying the personal information categories that each category of recipient purchased; and

·         disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.

 


 Deletion Request Rights

You have the right to request that KHAM delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.


We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:

1.    Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.

2.    Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.

3.    Debug products to identify and repair errors that impair existing intended functionality.

4.    Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.

5.    Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).

6.    Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information's deletion may likely render impossible or seriously impair the research's achievement, if you previously provided informed consent.

7.    Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.

8.    Comply with a legal obligation.

9.    Make other internal and lawful uses of that information that are compatible with the context in which you provided it.



Personal Information Sales Opt-Out Rights


You have the right to direct us to not sell your personal information we have collected or will collect at any time (the "right to opt-out). It is KHAM’s policy that we do not sell personal information to any entity outside of our affiliated companies. However, to exercise the right to opt-out, you (or your authorized representative) may submit a request to us by visiting the following Internet Web page link:



Do Not Sell My Personal Information



Once you make an opt-out request, you may change your mind and opt back in to personal information sales at any time by e-mailing KHAM at privacy@khov.com



You do not need to create an account with us to exercise your opt-out rights.  We will only use personal information provided in an opt-out request to review and comply with the request.

Exercising Access, Data Portability and Deletion Rights

To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by either:

·         Calling us at 1-833-678-0423

·         Visiting www.khovmortgage.com

·         E-mailing us as privacy@khov.com

·         Sending mail to us at:

K. Hovnanian American Mortgage, LLC
Attention: Corporate Legal Department
90 Matawan Rd, 5th Floor
Matawan, NJ 07747



Only you, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information.



You may also make a verifiable consumer request on behalf of your minor child.

You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:

 

·         Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.

·         Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you.

Making a verifiable consumer request does not require you to create an account with us. We will only use personal information provided in a verifiable consumer request to verify the requestor's identity or authority to make the request. For instructions on exercising sale opt-out rights, see Personal Information Sales Opt-Out and Opt-In Rights, below. 

 


Response Timing and Format

We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing.

If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option.

Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request's receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

Personal Information Sales Opt-Out and Opt-In Rights

If you are 16 years of age or older, you have the right to direct us to not sell your personal information at any time (the "right to opt-out"). We do not sell the personal information of consumers we actually know are less than 16 years of age, unless we receive affirmative authorization (the "right to opt-in") from either the consumer who is between 13 and 16 years of age, or the parent or guardian of a consumer less than 13 years of age. Consumers who opt-in to personal information sales may opt-out of future sales at any time.

It is KHAM’s policy that we do not sell personal information to any entity outside of our affiliated companies. However, to exercise the right to opt-out, you (or your authorized representative) may submit a request to us by visiting the following Internet Web page link:


Do Not Sell My Personal Information


Once you make an opt-out request, we will wait at least twelve (12) months before asking you to reauthorize personal information sales. However, you may change your mind and opt back in to personal information sales at any time by e-mailing KHAM at privacy@khov.com


You do not need to create an account with us to exercise your opt-out rights. We will only use personal information provided in an opt-out request to review and comply with the request.

Non-Discrimination

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

·         Deny you goods or services.

·         Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.

·         Provide you a different level or quality of goods or services.

·         Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

 

However, we may offer you certain financial incentives permitted by the CCPA that  can result  in different prices, rates, or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your personal information's value and contain written terms that describe the program's material aspects.Participation in a financial incentive program requires your prior opt in consent, which you may revoke at any time.

 

Under California Civil Code Section 1789.3, California residents who use the website are entitled to the following consumer rights notice: If you have a question or complaint regarding the services or products provided through the Website, please send an email to privacy@khov.com . You may also contact us by writing to K. Hovnanian Companies, LLC, Attention: Corporate Legal Department, 90 Matawan Rd, 5th Floor, Matawan, NJ 07747 , or by calling us at1-833-678-0423. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

Contacting Us.  Our “contact us” page contains e-mail links that allow you to contact us directly with any questions or comments that you may have. If you have any questions about this Privacy Policy or our privacy practices, please feel free to contact us at 

privacy@khov.com or at:

K. Hovnanian American Mortgage, LLC
Attention: Corporate Legal Department
90 Matawan Rd, 5th Floor
Matawan, NJ 07747

K. HOVNANIAN AMERICAN MORTGAGE, LLC. - TERMS AND CONDITIONS


Updated January 13, 2020

 

These Terms and Conditions, as may be amended from time to time (hereafter, “Terms”), govern your use of this website and the materials accessible on or from this website (collectively, the “Website”). All users (“Users”) of this Website agree that access to and use of this Website is subject to the Terms.  K. Hovnanian American Mortgage, LLC (“KHAM“, “us” or “we“) provides this Website to you (“You” or “Your”) and each user (“User”) subject to these Terms, other applicable laws, and KHAM’s other policies, including our Privacy Policy.

You accept these Terms by accessing or using this Website in any manner, even if You do not create an Account at this Website. To respect the privacy of children and to comply with the Children’s Online Privacy Protection Act (15 U.S.C. §§ 6501-6506), we do not knowingly provide products or services to children under the age of 18.This Website is a general audience site that is not designed nor intended to collect personal information from children.You represent and warrant that You are at least 18 years of age and of legal competence to enter into this agreement.  If You are using this Website on behalf of Your employer, You represent and warrant that You are authorized to accept these Terms on behalf of Your employer.

SECTION 18 OF THIS TERMS AND CONDITIONS OF USE AGREEMENT CONTAINS A BINDING CLASS ACTION WAIVER.THIS SECTION AFFECTS YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES THAT YOU MAY HAVE WITH US.READ IT CAREFULLY.

KHAM may change these Terms at any time. This is the most current version of these Terms. By continuing to access or use this Website, You accept any changes or revisions to the Terms.

IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THIS WEBSITE.

1.      General Terms and Conditions

The Terms apply to use of this Website by You and all Users. By accessing or using the Website, You and all Users agree to be bound by the Terms.   KHAM provides the information, services, text, graphic, links or other material on this Website to You and all Users conditioned on Your acceptance without modification of the Terms.   The information offered on this Website is provided with the understanding that neither KHAM nor any of its affiliated entities is engaged in rendering legal or other professional services or advice.  The use of the Website is subject to the additional disclaimers, caveats and notices that may appear throughout the Website.    

2.      License to Use this Website

KHAM grants You a personal, non-exclusive, non-transferable, limited and revocable license to use this Website subject to the Terms.  You may use this Website and information acquired from this Website for Your own personal, non-commercial, lawful purposes. You may not use this Website in a manner that exceeds the rights granted for Your use. 

Other than connecting to this Website by http or https request using a web browser, You may not attempt to access KHAM’s servers or this Website by any means.In particular, You are prohibited from scraping, crawling, data-mining, or using any robot, spider, or other automatic device to send queries to KHAM’s servers or this Website.You may not use this Website to compile data for use by any commercial entity.

You agree not to disrupt, modify or interfere with this Website, or its associated software, hardware, and servers in any way.  You agree not to impede or interfere with others’ use of this Website.You further agree not to alter or tamper with any information or materials on or associated with this Website.

The Website and all rights therein are and will remain with KHAM or one of our affiliates.You may view, copy or print a single copy of any page from the Website for personal, non-commercial purposes if you do not remove, modify or alter any copyright or proprietary rights notices that may be present.  You may not otherwise use, modify, copy, print, display, distribute, publish, or sell any information, images or other content from the Website without our express, prior, written consent.  YOU MAY NOT USE ANY PORTION OF THE WEBSITE FOR ANY COMMERCIAL PURPOSE. Any special rules for any software, audio files, video files, downloads and other items accessible through the Website may be included elsewhere in the Website and are incorporated into these Terms by reference.

You may not: (i) remove or obscure any copyright, trademark, digital watermarks, proprietary legends or other proprietary notices from any portion of the Website; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Website, or any aspect of it, except as expressly permitted by us; (iii) decompile, reverse engineer, jeopardize the correct functioning of the Website, or disassemble the Website, or otherwise attempt to derive the source code of the software (including the tools, processes, methods and infrastructure) that enables or underlies the Website, except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Website; (v) cause or launch any programs, spiders, robots, or scripts or other automatic or manual devices or processes for the purpose of extracting, scraping, indexing, surveying or otherwise data mining any portion of the Website, or unduly burdening or hindering the operation and/or functionality of any aspect of the Website; (vi) attempt to gain unauthorized access to or impair any aspect of the Website, or the related systems, servers or networks; (vii) use the Website to stalk, harass or harm another individual, or in any way that is in violation of any law or regulation; (viii) impersonate any person or entity, or otherwise misrepresent your affiliation with any person or entity; or (ix) use any portion of the Website or any content in any manner that may give a false or misleading impression, attribution or statement as to us or any other person or entity.

3.      Assignments

KHAM may assign this agreement at any time without notice to You and/or its Users. You may not assign this agreement to anyone else, and any attempt to assign shall be void.

4.      Equal Housing Opportunity

All real estate information provided herein is subject to the Federal Fair Housing Act, which makes it illegal to advertise “any preference, limitation, or discrimination because of race, color, religion, sex, handicap, familial status, or national origin, or intention to make any such preference, limitation or discrimination.”  Your state or local jurisdiction may impose additional requirements.KHAM is pledged to the letter and spirit of the United States policy for the achievement of equal housing opportunity.KHAM encourages and supports an affirmative advertising and marketing program in which there are no barriers to obtaining housing because of race, color, religion, gender, handicap, familial status, or national origin.  All dwellings within the United States advertised by KHAM’s affiliated entities are available on an equal opportunity basis.

5.      Informational Purposes Only

The content provided on this Site is intended for informational purposes only and is not intended to be a legally binding offer or solicitation.KHAM assumes no responsibility or liability for any actions taken as a result of using this Website, or for errors or omissions in content.  KHAM has no duty to keep the Website updated. 

6.      Privacy Policy

KHAM maintains a Privacy Policy describing its collection, retention, and use of information about users of this Website which incorporated by reference as though fully set forth herein.  This policy can be accessed here Privacy Policy, and is incorporated herein by reference.The Privacy Policy contains policies and practices regarding Your information and how KHAM will treat it.If You do not agree with our policies and practices, Your choice is not to use our Website.By accessing or using this Website, You agree to this Privacy Policy.  This policy may change from time to time, as set forth in the Privacy Policy.Your continued use of this Website after KHAM makes changes is deemed to be acceptance of those changes, so please check the Privacy Policy periodically for updates.

KHAM respects Your privacy and is committed to protecting it through compliance with the K. Hovnanian American Mortgage, LLC Privacy Policy. In addition, the Privacy Policy includes additional rights for California residents as it pertains to use of their personal information.The Privacy Policy is designed to comply with the California Consumer Privacy Act of 2018 (CCPA).

7.      Links to Other Websites

You may find links to other Internet sites or resources on this Website that offer content, goods, or services.  A link from this Website to a third party website does not imply endorsement of that website nor any ability to control that site’s contents, products orprivacy practices.You acknowledge and agree that KHAM has no responsibility or liability (directly or indirectly) for: the availability of such external sites or resources; the availability or accuracy of any content, advertising, products, or other materials on or available from such sites or resources; any damage, loss, claim, or complaint (actual or alleged) caused by, arising from, or in connection with Your use of or reliance on any such content, goods, or services available on or through any such site or resource.

8.        KHAM’s Intellectual Property – Service and Trade Marks

The entire content of information on this Website, including without limitation all images, videos, design, text, images, screen displays, software, photographs, press releases and other information, are copyrighted as a collective work and protected under the United States and other copyright laws, and are owned by KHAM and/or used under license or permission from the copyright owner, and are protected under U.S. and international intellectual property laws.

Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise.

You agree not to reproduce, distribute, display or create derivative works of any part of this Website or any information presented to You through this Website, in whole or in part.  This prohibition includes unauthorized copying or distribution of any of the content displayed or used on this Website, framing content from this Website, or creating any unauthorized derivative work.  The information contained in this Website may not, except under written license, be copied, reproduced, transmitted, displayed, performed, distributed, rented, sublicensed, altered, stored for subsequent use or otherwise used in whole or in part in any manner without KHAM’s prior written consent, except to the extent that such use is authorized under U.S. or other intellectual property laws.  KHAM’s logos, images, service marks and trademarks used on the Website are owned property of KHAM and may not be used without prior written consent of authorized KHAM officers.

KHAM uses third party trademarks on this Website to identify the owners of those marks.Use of any third party trademark is meant only to identify the trademark owner and its goods and services, and is not intended to imply any association or sponsorship between the trademark owner and this Website.  All third party trademarks and logos are the property of their respective owners.

9.        Submission of Confidential Information and Ideas

From time to time, Users submit ideas to KHAM, either by email or in the course of a customer service interaction, for improving this Website or KHAM’s services.KHAM has no obligation to treat this material as confidential information as stated in the Privacy Policy.To the extent that You wish to have Your idea remain confidential, to retain rights in Your idea, or wish to be compensated for submission of Your idea, please do not submit it to KHAM.

10.       Intellectual Property Claims

If You believe that Your copyright has been infringed in any way by this Website, promptly provide in writing the following information to our Digital Millennium Copyright Act (17 U.S.C. §512) Designated Agent:

i)      A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

ii)     Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single on-line site are covered by a single notification, a representative list of such works at that site;

iii)    Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit KHAM to locate the material;

iv)    Information reasonably sufficient to permit KHAM to contact You, such as an address, telephone number and e-mail address;

v)     A statement that You have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law;

vi)    A statement that the information in the notice is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

The Designated Agent for this Website is:

K. Hovnanian American Mortgage, LLC

Attention: Corporate Legal Department

90 Matawan Rd, 5th Floor

Matawan, NJ 07747

Or fax to: (732) 383-2941 , Attn: Corporate Legal Department

If You believe that Your other intellectual property or publicity rights have been infringed in any way by this Website, please provide a detailed description of the alleged infringement for further investigation via e-mail to privacy@khovmortgage.com .KHAM’s actions in receiving, investigating, or responding to Your e-mail shall not constitute KHAM’s agreement or verification of Your claim(s) nor any admission of liability therefor.KHAM makes no commitment, covenant, promise, warranty, representation, or guarantee that it will receive, review, investigate, or respond to Your claim within any particular time.

11.     Notification

Any notices to be given to KHAM under these Terms shall be made in writing to privacy@khovmortgage.com or to the following address:

K. Hovnanian American Mortgage, LLC

Attention: Corporate Legal Department

90 Matawan Rd, 5th Floor

Matawan, NJ 07747

You agree that KHAM can send You electronic notices to the e-mail address that You provided to KHAM in creating Your Account or by displaying the notice on this Website. You agree that all notices, agreements, disclosures, and other communications that we provide to You electronically satisfy any legal requirement that such communications be in writing.  You further agree that KHAM may deliver notice to you by written communication delivered by first class U.S. mail or courier service to your address on record in Your Account.

12.     User Account, Password and Security

To the extent that a user account is created by you to access and use the Website (“User Account”), the following will apply:

To access certain features and/or content available through the Website, we may require that You sign up using your email address and a password to create a User Account.If You do not create a User Account, You may not have access to certain functionality of the Website.We use reasonable precautions to protect the privacy of Your username, password, and User Account information.You, however, are ultimately responsible for protecting Your username, password, and User Account information from disclosure to third parties, and You are not permitted to circumvent the use of required encryption technologies, if any. You agree to (i) immediately notify us of any unauthorized use of Your username, password, or User Account, or any other breach of security; (ii) ensure that You exit from Your User Account at the end of each session; and (iii) use a security passcode to secure Your device where Your User Account information is stored.  While we may provide certain encryption technologies and use other reasonable precautions to protect Your confidential information and provide suitable security, we do not and cannot guarantee or warrant that information transmitted through the Internet is secure, or that such transmissions are free from delay, interruption, interception or error. Any transmission of personal information is at your own risk.

In creating and using Your User Account, You agree to: (i) provide true, accurate, current, and complete information about yourself on any registration form required for the Website, including, but not limited to, Your full name, email address, and zip code (such information being the “Registration Data”), and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete.  If You provide any information that is untrue, inaccurate, not current, or incomplete, or if we have reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, then we have the right to suspend or terminate Your User Account and refuse any and all current or future use of Your User Account.

User Accounts and usernames are non-transferable, and all users are obligated to take preventative measures to prohibit unauthorized users from accessing the Website with his or her username and password. You agree that You are solely responsible for activity that occurs under Your User Account.  We are entitled to act on all instructions received by anyone using Your User Account, and we reserve the right to pursue any and all claims against any user of Your User Account.

We reserve the right to deactivate or cancel a User Account in our sole discretion, including for the following reasons: (i) You request such deactivation; (ii) You are deceased; (iii) You do not respond to repeated communication attempts regarding the status of Your User Account; (iv) You fail to make payments related to Your User Account (if applicable); (v) You reside in or relocate to a country where use of a User Account is prohibited under applicable law; or (vi) You act in a fraudulent or inappropriate manner while using the User Account.You will be responsible for all charges incurred up until the time the account in deactivated, if applicable.

We may retain User Account information and some automatically collected information for as long as You use Your User Account and for a reasonable time thereafter, and as required by applicable law.  If You would like us to delete Your User Account information that you have provided, please contact us a privacy@khovmortgage.com and we will respond in a reasonable time. Information that You enter in the Website will generally remain there until we receive a legitimate request to remove it.

13.     No Representations or Warranties.

KHAM makes no representation or warranty of any kind with respect to the materials and information contained on this Website.

YOU USE THIS WEBSITE AT YOUR SOLE RISK (INCLUDING BUT NOT LIMITED TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, DAMAGE RESULTING FROM RELIANCE ON INFORMATION FROM THIS WEBSITE, OR OTHER DAMAGES THAT RESULT FROM OBTAINING ANY CONTENT FROM THE WEBSITE INCLUDING COMPUTER VIRUSES) EVEN IF KHAM HAS BEEN ADVISED OF OR IS AWARE OF THE RISK OF SUCH DAMAGE.TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, KHAM PROVIDES THIS WEBSITE, THE SERVICES, THE INFORMATION AND THE CONTENT “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS,” WITHOUT WARRANTY OF ANY KIND, AND KHAM SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

YOUR SOLE AND EXCLUSIVE REMEDY FOR ISSUES RELATING TO THE USE OF, OR THE MATERIAL ON, THE WEBSITE SHALL BE TO DISCONTINUE ACCESSING THE WEBSITE AND CEASE FROM USING THE INFORMATION OR MATERIAL OBTAINED.

YOU AGREE THAT KHAM SHALL NOT BE LIABLE FOR ANY DAMAGES RELATING TO YOUR USE OF, OR RELIANCE UPON THE WEBISTE OR ANY OF ITS CONTENT.

NO INFORMATION OR ADVICE PROVIDED ON THIS WEBSITE BY KHAM, OR BY KHAM’S EMPLOYEES OR AGENTS, SHALL CREATE ANY WARRANTY.

KHAM MAKES NO WARRANTY, REPRESENTATION, COVENANT, OR GUARANTEE WHATSOEVER, EXPRESS OR IMPLIED:

i)      AS TO THE VALUE, QUALITY, TIMELINESS, USEFULNESS, RELIABILITY, SECURITY, SUITABILITY, TRUTHFULNESS, OR COMPLETENESS OF THIS WEBSITE, THE SERVICES, THE INFORMATION, OR THE CONTENT;

ii)     THAT THIS WEBSITE WILL OPERATE UNINTERRUPTED OR ERROR-FREE;

iii)    THAT THIS WEBSITE, THE SERVICES, THE INFORMATION, OR THE CONTENT WILL MEET YOUR NEEDS OR EXPECTATIONS;

iv)    AS TO THE QUALITY OR VALUE OF ANY OF KHAM’S PRODUCTS, SERVICES, CONTENT, INFORMATION, OR OTHER MATERIAL YOU OBTAIN VIA THE WEBSITE; OR

v)     THAT ANY ERRORS ON THIS WEBSITE WILL BE CORRECTED.

 

14.     Limitation of Liability

To the fullest extent permitted by applicable law, KHAM, its subsidiaries and affiliates, and their respective officers, directors, employees, agents, successors and assigns, shall have no liability, relating to Your use ofor access to (or inability to access) this Website, your use of any information or material contained therein, for:

i)      Any and all claims for damages for actual, consequential, incidental, exemplary, special, or punitive damages even if KHAM is advised of the possibility of such (including, but not limited to, loss of business, profits, business information, or business interruption, or any other pecuniary loss); or

ii)     For direct damages, actually proven, exceeding US$1,000.00. This limitation shall be enforced even if it causes an exclusive remedy to fail of its essential purpose.

KHAM reserves the right, at any time, in KHAM’s sole and exclusive discretion, to amend, modify, suspend, or terminate this Website, any services, information or content, or any part thereof, and/or Your use of or access to them, with or without notice.  KHAM shall have no liability to You or any other person or entity for any modification, suspension, or termination, or any loss of related information.

TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT WILL KHAM BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY, AND KHAM DISCLAIMS ANY AND ALL, DAMAGES, LOSSES, CLAIMS, LIABILITIES, PENALTIES, COSTS, EXPENSES AND ATTORNEYS' FEES, INCLUDING, WITHOUT LIMITATION, DIRECT, SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, CONSEQUENTIAL OR EXEMPLARY DAMAGES IN ANY WAY RELATING TO OR ARISING FROM THE USE OR MISUSE OF THE WEBSITE. 

15.     Indemnification

You agree to defend, indemnify, and hold KHAM, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and related fees and expenses, resulting from, or alleged to result from, Your violation of these Terms or Your use of this Website.

KHAM reserves the right to assume exclusive control of its defense in any matter subject to Your indemnification, which shall not excuse Your obligation to indemnify KHAM.You shall not settle any dispute subject to Your indemnification under these Terms without written consent from KHAM.

16.      Choice of Law and Venue for Resolving Disputes

The internal laws of the State of New Jersey govern this contract and any claims relating to the materials on this Website or dispute that You may have against us, without regard to its conflict of laws rules.

The United Nations Convention on Contracts for the International Sale of Goods shall have no applicability.

BY AGREEING TO THESE TERMS YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST KHAM BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, STATE AND FEDERAL COURTS IN THE STATE OF NEW JERSEY OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US THAT ARE NOT COVERED BY THE BINDING ARBITRATION PROVISIONS OF SECTION 18; AND (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF COURTS LOCATED IN MONMOUTH COUNTY, NEW JERSEY FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS.

17.      NETWORK ACCESS AND DEVICES

You are responsible for obtaining the data network access necessary to use the Website.  If You are accessing the Website on Your mobile device, Your network’s data and messaging rates and fees may apply.  You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Website and any updates thereto.We do not guarantee that the Website, or any portion thereof, will function on any particular hardware or devices.In addition, the Website may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications

18.      Binding Arbitration

18.1 Arbitration. ANY CLAIMS, DISAGREEMENTS, OR DISPUTES RELATING TO THE SOURCES OR THIS PRIVACY POLICY, INCLUDING WITHOUT LIMITATION THE COLLECTION, USE, DISCLOSURE (WHETHER VOLUNTARY, UNINTENTIONAL OR AS A RESULT OF UNAUTHORIZED ACCESS) OR STORAGE OF YOUR PERSONAL INFORMATION, SHALL BE RESOLVED EXCLUSIVELY BY BINDING ARBITRATION PURSUANT TO THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION (AAA). ANY RIGHTS YOU MAY HAVE WILL BE DETERMINED BY A NEUTRAL ARBITRATOR, AND NOT BY A JUDGE OR JURY. YOU ARE THUS WAIVING YOUR CONSTITUTIONAL RIGHT TO HAVE ANY CLAIMS, DISAGREEMENTS, OR DISPUTES DECIDED IN COURT BEFORE A JURY OR JUDGE, AND INSTEAD ARE ACCEPTING THE USE OF BINDING ARBITRATION. THE ARBITRATION SHALL TAKE PLACE IN THE STATE OF NEW JERSEY, UNLESS YOU REQUEST, IN WRITING, A DIFFERENT LOCATION REASONABLY RELATED TO THE CLAIMS, DISAGREEMENTS, OR DISPUTES AND IN WHICH STATE WE MAINTAIN A PHYSICAL BUSINESS OFFICE. THE ARBITRATION SHALL BE CONDUCTED BY ONE ARBITRATOR WHO IS SELECTED PURSUANT TO THE RULES OF THE AAA FROM THE AAA ROSTER OF ARBITRATORS, USING THE AAA ARBITRATOR SELECT LIST AND APPOINTMENT. THE AWARD OF THE ARBITRATOR SHALL BE FINAL AND JUDGMENT UPON THE AWARD SHALL BE ENTERED IN A COURT OF COMPETENT JURISDICTION IN THE STATE OF NEW JERSEY, OR IN THE STATE IN WHICH THE ARBITRATION TAKES PLACE. THE ARBITRATION SHALL NOT BE CONSOLIDATED OR COMBINED WITH ANY OTHER ARBITRATION, NOR CAN YOU PROCEED IN THE ARBTRATION ON A REPRESENTATIVE BASIS OR CAPACITY FOR OTHER PARTIES. YOU ALSO WAIVE ANY RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION BROUGHT IN COURT, OR TO ARBITRATE OR PARTICIPATE IN ARBITRATION ON A CLASS BASIS. EACH PARTY WILL BEAR ITS OWN ATTORNEYS’ FEES AND COSTS IN CONNECTION WITH ANY ARBITRATION, AND ANY COURT PROCEEDING IN CONNECTION WITH THE ENFORCEMENT OF THIS ARBITRATION PROVISION OR ENTRY OF JUDGMENT ON AN ARBITRAL AWARD. ANY DISPUTES REGARDING THIS ARBITRATION PROVISION SHALL BE RESOLVED BY THE ARBITRATOR. THIS PRIVACY POLICY IS GOVERNED BY THE LAWS OF THE STATE OF NEW JERSEY, AND CHOICE OF LAW PRINCIPLES SHALL NOT APPLY.

BY AGREEING TO THIS ARBITRATION PROVISION, YOU UNDERSTAND THAT YOU AND KHAM HEREBY WAIVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.

18.2. Location. The arbitration will be conducted in New Jersey, unless the parties agree to video, phone and/or internet connection appearances.

18.3. Limitations. You and KHAM agree that any arbitration will be limited to the Claim between KHAM and You individually. YOU AND KHAM AGREE THAT (A) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; (B) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL; AND (C) NO ARBITRATION WILL BE JOINED WITH ANY OTHER ARBITRATION.

18.4.Exceptions to Arbitration. You and KHAM agree that the following Claims are not subject to the above provisions concerning negotiations and binding arbitration: (i) any Claim seeking to enforce or protect, or concerning the validity of, any of Your or KHAM’s intellectual property rights; (ii) any Claim related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (iii) any claim for equitable relief. In addition to the foregoing, either party may assert an individual action in small claims court for Claims that are within the scope of such court’s jurisdiction in lieu of arbitration with the other party’s consent.

18.5. Arbitration Fees. The party seeking the Claim is responsible for the initial fees to AAA. All other fees and costs of the arbitration will be charged pursuant to the AAA Rules.

18.6. Severability. You and KHAM agree that if any portion this Section is found illegal or unenforceable, except any portion of Section 18.3, that portion will be severed and the remainder of the Section will be given full force and effect. If Section 18.3 is found to be illegal or unenforceable, then neither You nor KHAM will elect to arbitrate any Claim falling within that portion of this Section found to be illegal or unenforceable and such Claim will be exclusively decided by a court of competent jurisdiction within Monmouth County, New Jersey and You and KHAM agree to submit to the personal jurisdiction of that court.

EACH OF THE PARTIES HERETO IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE SERVICE OR THE TRANSACTIONS CONTEMPLATED HEREBY.

19.      Severability

If any term of this Agreement is declared unlawful, void or unenforceable by any court in any jurisdiction, then such term will be deemed severable from the remaining terms in such jurisdiction and will not affect the validity and enforceability of the remaining terms.

20.      Termination of Service

We may suspend or terminate Your right to access secured portions of the Website at any time, without notice, for conduct that we believe violates these Terms and/or is harmful to other users of the Website, to us, to our partners, to the contributors, to the business of our Internet service provider, or to other information providers.

21.      Export Restrictions

Any software and all underlying information and technology downloaded or viewed from the Website or in connection with the services by You may be subject to U.S. export controls, including the Export Administration Act and the Export Administration Regulations, and may be subject to export or import regulations in other country.  You are solely responsible for complying with all trade regulations and law, both foreign and domestic, in Your use and viewing of the Website, the content and any of our products or services.  Except as authorized by law, You agree not to export or re-export the services to any country, or to any person, entity or end user subject to U.S. export controls, including, but not limited to, persons or entities listed on the U.S. Department of Commerce Bureau of Export Administration’s Denied Parties List and the U.S. Department of Treasury’s Specially Designated Nationals. You represent and warrant the no U.S. federal agency has suspended, revoked, or denied Your export privileges.

22.      Entire Agreement

These Terms and any policies posted on this Website constitute the entire contract between You and KHAM and supersede all previous written or oral contracts regarding this Website and its usage.  If any part of the Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Active Lifestyle Communities


K. Hovnanian's? Four Seasons communities are intended to provide housing primarily for residents 55 years of age or older. Additional restrictions, including limitations on the ages of additional permanent and temporary residents of a home, may apply. All K. Hovnanian's? Four Seasons communities shall be operated as age-restricted communities in compliance with all applicable local, state and federal laws. Limited exceptions for residents 50 years of age or older may apply. See a Community Sales Consultant for details.

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